Md. Arif Ansari @ Kundan @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89345 of 2024 Arising Out of PS. Case No.-202 Year-2024 Thana- KARAKAT District- Rohtas ====================================================== Md. Arif Ansari @ Kundan @ Kundan Kumar S/O Jalaludin Ansari @ Jalaluddin Ansari Resident of Village- Sakala Bazar, P.S.- Karakat, DistrictRohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2025 Heard Mr. Raju Kumar Singh, learned counsel appearing on behalf of the petitioner; Mr. Shahabuddin Azeem @ S. Azeem, learned APP for the State.
2. Petitioner, seeks regular bail in connection with Karakat P.S. Case No.202 of 2024 registered for offences punishable under Sections 341, 342, 323, 324, 376, 511, 354, 448, 34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner had outraged the modesty of the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. He further submitted that from the very allegation made in the FIR, it appears that
Patna High Court CR. MISC. No.89345 of 2024(2) dt.31-01-2025 2/3 there is no allegation of forceful entrance into the house of the informant, rather, the petitioner had only requested the informant to provide him cold-drink. The allegation against the petitioner is general and omnibus. The petitioner has clean antecedent and he is in custody since 13.08.2024. On these grounds, petitioner seeks to be released on regular bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the submission made on behalf of the petitioner, as well as, the fact that the allegation levelled against the petitioner is not specific rather the same general and omnibus and he is in custody since 13.08.2024, having clean antecedent, I find that petitioner has prima facie made out a case to be released on bail.
7. The petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Karakat P.S. Case No.202 of 2024 subject to the following conditions:
(i) Bailors should be local having sufficient
Patna High Court CR. MISC. No.89345 of 2024(2) dt.31-01-2025 3/3 immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(v) The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Ashishsingh/- U T