The Patna High Court granted bail to a repeat offender accused of extortion and cheating who had been behind bars for over a year, imposing stringent conditions on bail despite the defence of prior antecedents.
Bail granted on execution of PR bond of Rs. 25,000 and one or two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13740 of 2021
Arising Out of PS. Case No.-327 Year-2020 Thana- BAHADURGANJ District- Kishanganj
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Md Chand @ Md Chand Ansari, Son of Aslam Ansari Resident of VillagePatti Mill Birnia, Ward No. -05, P.S.- Bahadurganj, District- Kishanganj.
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar, Adv. For the Opposite Party/s : Mr. Amit Kumar Rakesh, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE A. M. BADAR
ORAL ORDER
5 18-11-2021 The applicant/accused in Crime No.327 of 2020 registered with Police Station Bahadurganj for the offences punishable under Sections 341, 323, 419, 420, 384, 385 of the Indian Penal Code registered at the instance of Md. Enamul Haque is praying for his release on bail during pendency of the trial.
The learned counsel for the applicant argued that the applicant is behind bar from 01.11.2020. He submits that applicant is having two criminal antecedents, but considering the period of his pre-trial detention, by imposing stringent conditions, as a last chance he may be released on bail.
The learned Prosecutor has opposed the application by contending that the applicant is repeated offender and, therefore, the application deserves to be dismissed.
Patna High Court CR. MISC. No.13740 of 2021(5) dt.18-11-2021 2/3
I have considered the submissions so advanced and also perused the material placed before me including the FIR.
First Informant Md. Enamul Haque is a driver of a truck. He averred that by stopping him at the petrol-pump of Bahadurganj, the applicant tried to extract money from him by threatening him by posing as a police. He stated that he paid an amount of rupees one thousand but then people gathered on the spot and caught the applicant raid handed.
The applicant is having two such similar criminal antecedents and he is on bail in both those crimes.
In the case in hand, the charge sheet has already been filed. If the prosecution so desires, it can prefers an application for cancellation of bail granted to the applicant in those two previous crimes. However, I am of the considered opinion that as the applicant is behind bar for a period of more than one year, he needs to be granted liberty by imposing some stringent conditions. Hence the order.
i. The application is allowed.
ii. The application/accused in Crime No.327 of 2020
registered with police station Bahadurganj is directed to be released on bail on executing P.R. bond of Rs.25,000/-(Rupees Twenty Five Thousand) and on furnishing one or two sureties in
Patna High Court CR. MISC. No.13740 of 2021(5) dt.18-11-2021 3/3
the like amount to the satisfaction of the learned trial court.
As a condition of his bail, the applicant should not indulge in commission of any offence in future and if this condition is violated, the prosecution shall be entitled to apply to this Court for cancellation of bail granted to the applicant.
The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.
The applicant to attend the trial court on each and every date of hearing and to co-operate the trial court in expeditious disposal of the trial.
The trial court shall be free to issue non-bailable warrant on failure of the applicant to abide by this condition.
(A. M. Badar, J)
2 issues framed by the court
Whether a repeat offender behind bars for over a year should be released on bail in a criminal trial involving extortion and cheating.
What stringent bail conditions should be imposed to ensure public safety given the accused's two prior pending bail cases.
1 provisions across 1 enactments
Md Chand Ansari
The State of Bihar
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
