Sahid Ansari @ Md. Sahid Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84083 of 2024 Arising Out of PS. Case No.-578 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Sahid Ansari @ Md. Sahid Ali S/O Md. Sajjad Ansari Resident of villageKudheli, ward no.- 05, Police station- Forbesganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-02-2025 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in judicial custody in connection with Forbesganj P.S. Case No. 578 of 2024 for the offence punishable under Sections 64, 319(2), 318(4), 61(2), 3(5) of B.N.S. (419, 420, 120-B, 34 I.P.C.) and section 4,5,6 & 7 of Immoral Trafficking Act, 1956 lodged on 14.09.2024 by the informant, Simpi Kumari.
3. As per the prosecution story, the informant upon secret information that in Alisha Rest House (for short 'the Rest House'), the immoral trafficking business is going on. She alongwith other police personnel raided the 'the Rest House' and apprehend one Sahid Ansari, the owner of 'the Rest House' as also two male and two girls were apprehended in two rooms. Accordingly, the FIR.
4. Learned counsel for the petitioner submits he is
Patna High Court CR. MISC. No.84083 of 2024(3) dt.21-02-2025 2/3 owner/manager of the rest-house, there was shift change and erroneously the details of the four adult people were not entered. Though, they had come to take shelter as it was raining heavily, he has suffered by being in custody 15.09.2024 and undertake that he/the hotel concerned shall not indulge in any such activity again and if the same is found, the present bail be cancelled, if granted relief.
5. Learned APP Mr. Jitendra Kumar Singh has taken this Court to the learned Sessions Judge order to show that he is habitual offender, which reflects from para 3 of the petition showing that he was earlier also alleged to have been indulged in the immoral traffic case.
6. Though, the allegation is there, F.I.R. lodged, he shall be facing the trial, has remained in custody since 15.09.2024, an undertaking has been given that he shall not indulge in such activity again, in that background, this Court is inclined to extend him the privilege of bail with conditions. However, in case he indulges in such activity, the State shall take immediate step for cancellation of the present bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.84083 of 2024(3) dt.21-02-2025 3/3 Magistrate, Araria, in connection with Forbesganj P.S. Case No. 578 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his 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 bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every to mark his attendance every month till the conclusion of his trial;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(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 his bail bonds. (Rajiv Roy, J) sharun/- U T