Saddam Ansari @ Saddam Hussain @ Sadab Hussain @ Addam Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63719 of 2022 Arising Out of PS. Case No.-92 Year-2020 Thana- GOPALPUR District- West Champaran ====================================================== SADDAM ANSARI @ SADDAM HUSSAIN @ SADAB HUSSAIN @ ADDAM HUSSAIN Son of Bhikho Miyan @ Jokhu Miyan R/v- Badhaiya (Badhai) Tola Auraiya, P.S.- Mufassil (Banu Chapar OP), District- West Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Samrendra Kumar Jha For the Opposite Party/s :
Mr.J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Gopalpur P.S. Case No. 92 of 2020, registered for the offences punishable under Section 392 of Indian Penal Code.
As per allegation, when the informant was going to Parsauna village, four miscreants on two motor cycles intercepted his bike and fled away with his motorcycle and mobile set after snatching the same.
The learned counsel for the petitioner has submitted that the name of the petitioner has figured in the confessional
Patna High Court CR. MISC. No.63719 of 2022(3) dt.07-04-2023 2/3 statement of co-accused Saif Ali and nothing was recovered on the basis of that confessional statement and the name of coaccused Dilshad Ansari has also figured in the confessional statement of Md. Saif Ali. Co-accused Dilshad Ansari and Rintu Ojha have been acquitted by the learned Additional District and Sessions Judge-III-cum-Special Judge, (M.P./M.L.A) Bettiah, West Champaran in Session Trial no. 351/2021, vide judgment and order dated 07.06.2022. The petitioner is under custody since 28.01.2022.
On the other hand, Shri J.N. Thakur the learned APP has opposed the prayer for bail.
Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-III, West Champaran at Bettiah in connection with Gopalpur P.S. Case No. 92 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of
Patna High Court CR. MISC. No.63719 of 2022(3) dt.07-04-2023 3/3 the petitioner.
(ii) If the petitioner is found involved in future in the similar type of offense, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J) Sudha/Mahesh U T