Faiyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12116 of 2018 Arising Out of PS. Case No.-258 Year-2016 Thana- CHANPATIA District- West Champaran ====================================================== Faiyaz Ansari S/o Late Sharfuddin Mian, R/o Village- Amaithia, P.S.- Jogapatti, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Chanpatia P.S. Case No.258 of 2016, registered under Section 395 of the Indian Penal Code.

Allegation in brief is that tractor of the informant was looted by some unknown miscreants and later on during investigation one Anwar Ansari was apprehended and leading to his confessional statement tractor was recovered and he also disclosed name of his associates including the petitioner. Learned counsel for the petitioner submits that except disclosure of the name of the petitioner in the confessional statement of Anwar Ansari, there is no other material against this petitioner, neither the tractor was recovered from his possession

Patna High Court Cr.Misc. No.12116 of 2018(3) dt.16-04-2018 2/2 nor he was put on TIP and has been in custody for last one year and similarly situated other co-accused Aslam Ansari and Shahnawaj Ansari have been admitted to bail by coordinate Benches of this Court vide Cr. Misc. Nos.47210 of 2017 and 3131 of 2018 on 11.10.2017 and 18.01.2018 respectively. Having considered the aforesaid facts and circumstances, petitioner Faiyaz 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 Additional Sessions Judge, FTC-II, West Champaran, Bettiah in connection with Chanpatia P.S. Case No.258 of 2016, giving rise to Sessions Trial No.596 of 2017 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 as and when required 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