Md. Asif @ Md. Ashif @ Md. Asif Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57379 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== MD. ASIF @ MD. ASHIF @ MD. ASIF ANSARI Son of Md. Habib Ansari Resident of village - Udaypur, P.S. - Rosera, Distt. - Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. A. Shamsi, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Biraul P.S. Case No. 165 of 2022/ Sessions Trial No. 363 of 2022 registered for the offence under Sections 399, 402 and 400 of the Indian Penal Code along with Sections 25(1-a)a, 26 and 35 of the Arms Act.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that it appears form the F.I.R. and the seizure list that nothing has been recovered from the conscious possession of the petitioner rather a mobile phone

Patna High Court CR. MISC. No.57379 of 2023(2) dt.13-09-2023 2/3 has been recovered from the possession of the petitioner. He further submits that the alleged arms have recovered from the the possession of the other accused persons. Moreover, co-accused, Ganga Ram Mukhiya, Md. Rahmat @ Sonu Raja @ Raja @ Sumo and Aslam Azad @ Md. Aslam Ansari @ Md. Aslam Azad have already been granted bail by this Court and a coordinate Bench of this Court vide order dated 03.4.2023, 03.04.2023 and 27.03.2023 passed in Cr. Misc. No. 64745 of 2022, Cr. Misc. No. 67924 of 2022 and Cr. Misc. No. 73057 of 2022 respectively. The petitioner is rotting in judicial custody since 16.05.2023.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Biraul Case No. 165 of 2022 (Session Trial No. 363 of 2022) with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.57379 of 2023(2) dt.13-09-2023 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T