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Patna High CourtCR. MISC./490/2025bail granted

Reyaz Mansuri v. The State Of Bihar

2025-05-09Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.490 of 2025 Arising Out of PS. Case No.-57 Year-2024 Thana- SAHIYARA District- Sitamarhi ====================================================== Reyaz Mansuri S/o Nabab Mansuri @ Navav Mansuri Resident of Village - Ram Nagra, Ward No.03, P.S.-Riga, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Sahiyara P.S. Case No. 57/2024 registered for the offences under Section 394 of the Indian Penal Code.

3. The prosecution case in nutshell is that the informant gave fardbeyan that he proceeded from his CSP Center to his home and when he reached Basbitta Mod, four persons riding on two motorcycles intercepted him and assaulted on his head causing injury and thereafter on point of pistol Rs. 1,50,000/- in cash, credit card, debit card, laptop and miscellaneous documents were taken away by the said miscreants.

4. Learned counsel for the petitioner submits that

2/4 petitioner is not named in the FIR and his name surfaced in the confessional statement of one Tarikh Anwar who was arrested in another case namely Bathnaha P.S. Case No. 201 of 2024 wherein he also disclosed that the laptop of the informant was handed over to the father of the petitioner namely Aslam Saikh. Learned counsel further submits that no incriminating article has been recovered from the conscious possession of the petitioner and till date no T.I.P. has been conducted in order to identify the accused persons. It has further been submitted that the person in whose confessional statement the name of the petitioner surfaced has already been granted bail by a co-ordinate Bench of this Court vide order dated 03.10.2024 passed in Cr. Misc. No. 69995 of 2024. It is lastly submitted that the petitioner has one criminal antecedent on which he is on bail and is languishing in custody since 24.07.2024.

5. Learned counsel for the State has opposed the prayer for bail of the petitioner.

6.

Considering the aforesaid facts and circumstances of the case and taking into account that no incriminating article has been recovered from the conscious possession of the petitioner and till date no T.I.P. has been conducted in order to identify the accused persons and the

3/4 person on whose confessional statement the name of the petitioner surfaced, has already been granted bail by a coordinate Bench of this Court vide order dated 03.10.2024 passed in Cr. Misc. No. 69995 of 2024, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Sitamarhi in connection with Sahiyara P.S. Case No. 57/2024 subject to the conditions:- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. The petitioner should refrain in interaction with the victim girl or the prosecution side. d. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.

e. The Court below shall verify the criminal antecedent of the petitioner and in case at

4/4 any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T