Altmash @ Altamash Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47094 of 2019 Arising Out of PS. Case No.-273 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== ALTMASH @ ALTAMASH ANSARI Son of Sillu @ Sillo Ansari Resident of Village- Palasi Ward No.03, Police Station- Narpatganj, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 379/411 of the Indian Penal Code registered in connection with Forbesganj P.S. Case No. 273 of 2019.
3. It is submitted that the petitioner has been falsely implicated in connection with theft of car battery. The petitioner is not named in the FIR. His name surfaced on the extra judicial confessional statement of co-accused Md. Naushad, except which there is no objective material to connect the petitioner with the alleged occurrence. No recovery of any incriminating articles has been made from his conscious possession. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri K. Ranjan, learned J.M.Ist Class, Araria, in connection with Forbesganj P.S. Case No. 273 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further
Patna High Court CR. MISC. No.47094 of 2019(2) dt.30-07-2019 2/2 conditions:
i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T