Naimullah Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2780 of 2025 Arising Out of PS. Case No.-52 Year-2024 Thana- SUGAULI RAIL PS District- East Champaran ====================================================== Naimullah Ansari S/o- Late Sijaddin @ Siyauddin Ansari Resident of Village - Chandwa, P.S. - Ramgarhwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the State :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-04-2025 Heard the parties.
2. The petitioner is in custody in connection with N.D.P.S. G.R. Case No. 81 of 2024 arising out of Rail Sugauli P.S. Case No. 52 of 2024 registered for the offence punishable under sections 8, 20(b)(ii)(c), lodged on 25.09.2024 by the informant, Nandani Kumari.
3. As per the prosecution story, the Police Officer with the Sugauli Rail Police Station, upon information of transportation of contraband substance through Sapt Kranti Express, intercepted two persons namely Aslam Alam and Mumtaz Ansari and recovered/seized 6 kilogram 110 gram Charas which led to the F.I.R.. The accused named this
2/4 petitioner as the supplier and in that way he is one of the accused.
4. Learned counsel for the petitioner submits that a bare perusal of the F.I.R. would show that recovery/seizure is from Aslam Alam and Mumtaz Ansari, only to save their skins, he has been named. The petitioner has no criminal antecedent and is in custody since 26.09.2024, if granted bail, he shall be diligently appearing in trial and failing even for a day, his bail bond may be canceled. Further, he shall not indulge in any criminal activity and appearing before concerned Police Station every fortnight for next one year.
5. Learned APP opposes the prayer for bail submitting that his name has come in confessional statement of accused from whom recovery has been made.
6. Taking into account the aforesaid facts as also the submission put forward by the parties, though the name of the petitioner has cropped up, recovery/seizure is from Aslam Alam and Mumtaz Ansari, this petitioner has no criminal antecedent and is in custody since 26.09.2024 and an undertaking has been given that he shall be diligently appearing in trial and shall not indulge in any criminal activity failing which State shall be free to take steps for cancellation of his bail bonds, in that
3/4 background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge/Special Judge, East Champaran, Motihari, in connection with N.D.P.S. G.R. Case No. 81 of 2024 arising out of Rail Sugauli P.S. Case No. 52 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/her 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 fortnight for next one year to mark his attendance;
(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
4/4 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) vinayak/- U T