Samir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22177 of 2018 Arising Out of PS. Case No.-27 Year-2009 Thana- MUFFASIL District- West Champaran ====================================================== Samir Ansari Son of Mobin Ansari Resident of Village: Jamadar Tola, Police Station: Bettiah Town, District : West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Adya Singh For the Opposite Party/s :

Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Bettiah Mufasil (Manuapul) PS Case No.27 of 2009, giving rise to Sessions Trial No.328 of 2016, registered under Sections 302, 201 and 120(B) of the Indian Penal Code. Allegation in brief is that the son of the informant was lastly seen along with two FIR named accused persons and later on his dead body was recovered.

Learned counsel for the petitioner submits that petitioner is not named in the FIR, he has been made accused in this case only on the basis of confessional statement of Hussaini Gaddi, one of the FIR named accused, there is no other evidence against the petitioner except his criminal antecedents and it is a

Patna High Court Cr.Misc. No.22177 of 2018(5) dt.18-06-2018 2/2 case of the year 2009 and the petitioner has been made accused by the police in the year 2016 and the FIR named accused persons and others have been admitted to bail by co-ordinate Benches of this Court including the bail of one Hussaini Gaddi. Having considered the aforesaid facts and circumstances, petitioner Samir Ansari is directed to 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 5th Additional District & Sessions Judge, Bettiah (West Champaran) in connection with Bettiah Mufasil (Manuapul) PS Case No.27 of 2009, giving rise to Sessions Trial No.328 of 2016 with following conditions:

(1) One of the bailors must be the close family member of the petitioner.

(2) The petitioner shall remain physically present on each and every date before the trial court and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled.

(Arun Kumar, J) S.KUMAR/- U T