Md. Wasim Ahmad @ Amir Siddiqui Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Wasim Ahmad @ Amir Siddiqui Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Dalsingsarai, Samastipur, subject to the condition of physical presence before the Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to cancellation.

Issue for consideration

Whether the petitioner, in custody in connection with Ujiarpur P.S. Case No. 181/2024 (offence punishable under section 309(4) BNS), is entitled to regular bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each.

Ratio / Principle

Bail is conditional on the petitioner remaining physically present before the learned Court below on each and every date; failure on two consecutive dates without reasonable cause renders the bail bond liable to cancellation.

Key takeaways

The bail application stands allowed.ratio¶7

Detailed headnote1 paragraphs

Bail - Regular bail granted. Md. Wasim Ahmad @ Amir Siddiqui, booked under section 309(4) BNS in Ujiarpur P.S. Case No. 181/2024 dated 18.07.2024 (Samastipur) over an allegation that four unknown miscreants in a Scorpio intercepted the informant's vehicle and looted a pick-up van and mobile phones at pistol point, was enlarged on bail by the Patna High Court. Counsel argued the petitioner was innocent, not named in the F.I.R., that nothing was recovered from his conscious possession, that he was neither driver nor owner of the Scorpio, that no T.I.P. was conducted, and disclosed three antecedents; he had been in custody since 19.07.2024. The State relied on the theft-vehicle owner having identified the petitioner's photo as one of the miscreants. Considering the facts, circumstances and period of custody, the Court enlarged him on a bail-bond of Rs. 20,000/- with two sureties of like amount each, conditioned on physical presence before the Court below on every date, failing which on two consecutive dates without reasonable cause the bail bond would be liable to cancellation. (Oral order dated 09-01-2025; Chandra Prakash Singh, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75387 of 2024

Arising Out of PS. Case No.-181 Year-2024 Thana- UJIYARPUR District- Samastipur

======================================================

Md. Wasim Ahmad @ Amir Siddiqui S/o- Phul Hasan Resident of VillageSatanpur PS- Ujiarpur Distrct- Samastipur

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance :

For the Petitioner/s : Mr.Anish Kumar For the Opposite Party/s : Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 09-01-2025

Heard learned counsel for the petitioner and learned

A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ujiarpur P.S. Case No. 181/2024 dated 18.07.2024 registered for the offence punishable u/s 309(4) of the BNS.

3. As per the prosecution case, four unknown miscreants boarded on the Scorpio vehicle are alleged to have intercepted the informant's vehicle from behind and looted their pick-up van and mobile phones on the point of pistol.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The petitioner is neither the driver nor the owner of the alleged Scorpio vehicle which is used in the theft of the pick up

Patna High Court CR. MISC. No.75387 of 2024(3) dt.09-01-2025 2/2

van. No T.I.P. has been conducted by the prosecution. The petitioner has three antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 19.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. The owner of the theft vehicle in para. 16 has identified the photo of the petitioner as one of the miscreants.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Dalsingsarai, Samastipur in connection with Ujiarpur P.S. Case No. 181/2024, with the condition ;-

(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J)

atul/-