Jahid Ansari @ Md. Jahid Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66937 of 2024 Arising Out of PS. Case No.-715 Year-2023 Thana- BANKA District- Banka ====================================================== Jahid Ansari @ Md. Jahid Ansari son of Nejam Ansari village- Telia, PsBanka, Dist- Banka ... ... Petitioner/s
Versus
1.
The State of Bihar bihar 2.
Muskan Khatun son of Jahangir Ansari village- Telia, Ps- Banka, DistBanka ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar, Adv.
For the State :
Mr.Nand Kishore Prasad, APP For the Informant Mr. Vibhakar Kumar, Adv. (AOR No. 1833) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State as well as learned counsel for the informant.
2. The petitioner seeks bail in connection with Banka P.S. Case No. 715 of 2023 registered for the offences punishable under Sections 354, 509, 354(B), 506, 419, 420, 34 of the IPC.
3. As per prosecution case, there is allegation against the petitioner and other that they used to tease the informant while going to school. It is also alleged that they uploaded obscene photographs of the informant on Facebook and Instagram by making different I.D.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this
Patna High Court CR. MISC. No.66937 of 2024(4) dt.17-01-2025 2/3 case. He further submits that petitioner and informant are resident of same village and entire family members of the petitioner has been made accused in this case due to dirty village politics. He further submits that having similar and identical allegation co-accused Javed Ansari has already been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 20877 of 2024 and on the principle of parity, petitioner also deserves the same treatment. He further submits that petitioner is in custody since 30.05.2024 and bears no criminal antecedent. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. Learned counsel for the informant and learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, co-accused on similar and identical allegation has already been granted bail by a co-ordinate Bench of this Court, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.66937 of 2024(4) dt.17-01-2025 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-6-cum Special Judge, POCSO, Banka in connection with Banka P.S. Case No. 715 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.
(Alok Kumar Pandey, J) shahzad/- U T