Md. Tareekh Anwar @ Md. Tarikh Anwar @ Aanshu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69995 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- SAHIYARA District- Sitamarhi ====================================================== Md. Tareekh Anwar @ Md. Tarikh Anwar @ Aanshu S/o- Motiur Rahaman, Resident of Village- Kamaldah Ward no. 8, PS- Runnisaidpur, DistSitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar, Adv.
For the Opposite Party/s :
Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Sahiyara P.S. Case No. 57 of 2024 registered for the offence punishable under Section 394 of the Indian Penal Code.
3. Allegedly, while the informant was returning from his CSP shop on his motorcycle, in the meantime, four unknown miscreants riding on two motorcycles intercepted him and assaulted by means of iron rod. The miscreants also snatched his bag containing cash of Rs. 1,50,000/- and fled away.
4. Learned counsel for the petitioner contended that
2/4 the FIR has been instituted against unknown miscreants. However, during the course of investigation, one Reyaj Mansoori was arrested and on the basis of his confessional statement, the stolen laptop was recovered from the house of co-accused Aslam Shekhi. It is further contended that the apprehended co-accused Aslam Shekhi disclosed the name of co-accused Manish Kumar Singh, thereafter, the name of the petitioner has been sprung up on the disclosure made by coaccused Manish Kumar Singh. The petitioner has neither been put on T.I. parade nor any incriminating material has been recovered. Moreover, the petitioner was arrested in connection with Bathnaha P.S. Case No. 201 of 2024 and remanded in the present case on 28.06.2024 and since then he is in custody.
5. On the other hand, learned counsel for the State opposed the bail application and submitted that the petitioner bears one criminal antecedent as has been disclosed in para-3 of the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the entire case against the petitioner is based on confessional statement and now the investigation of the crime is complete and the chargesheet has been submitted but without any T.I. parade, let the
3/4 petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sitamarhi in connection with Sahiyara P.S. Case No. 57 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) 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 immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this
4/4 purpose or in the name of verification.
(Harish Kumar, J) rohit/- U T