Hasmuddin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71006 of 2023 Arising Out of PS. Case No.-489 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Hasmuddin Ansari, Son of Salim Mian @ Salim Ansari R/o vill - Ghorasahan, P.S. - Harpur, Distt. - East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Shikarpur P.S. Case No. 489 of 2023, lodged on 10.06.2023 under Sections 386 and 387 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against the holder of a mobile number 8447217541 with allegation that ransom call has been received by the informant for demand of payment of Rs. 10 lakh and thereafter, the FIR has been lodged.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He also submits that antecedent of the petitioner is clean and he is in custody since 28.06.2023. Counsel further submits that under
Patna High Court CR. MISC. No.71006 of 2023(2) dt.07-11-2023 2/3 conspiracy the name of the petitioner has been figured in this case and he also submits that other co-accused of this case have been granted regular bail by the co-ordinate Bench of this Court vide order dated 02.11.2023 passed in Cr. Misc. No. 69309 of 2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioners' mobile number has been stated in the FIR, and it transpires that his direct involvement is there. In response, counsel submits that charge sheet has already been filed in this case and there is no need for further investigation.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail only after framing of charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 489 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his
Patna High Court CR. MISC. No.71006 of 2023(2) dt.07-11-2023 3/3 bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T