Nazamuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18014 of 2017 Arising Out of PS.Case No. -17 Year- 2016 Thana -RASULPUR District- SARAN ====================================================== Nazamuddin Ansari, son of Mainuddin Ansari, resident of VillageBeldari Tola, P.S.- Daraunda, District- Siwan (Bihar). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Md. Aslam Ansari, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.12.2016 in connection with Rasulpur P.S. Case No. 17 of 2016 for the offences alleged under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and first information report is against three unknown persons. Except self-confession of the petitioner, there is no other material to connect him with the alleged occurrence. No test identification parade has been conducted in order to identify the petitioner nor any incriminating article has been recovered from his possession. The petitioner is on bail in respect of other prior cases in which he has been made accused.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 learned Chief Judicial Magistrate, Saran, District Saran in connection with Rasulpur P.S. Case No. 17 of 2016 with the following conditions:-

Patna High Court Cr.Misc. No.18014 of 2017 (2) dt.12-04-2017 2/2 (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 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. (iv) The petitioner shall cooperate 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.

(Vikash Jain, J) B.T/Chandran U T