Sarfuddin Ansari v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3296 of 2019 Arising Out of PS. Case No.-588 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Sarfuddin Ansari, son of Late Nejamuddin Ansari, Resident of VillageBetwariya, P.S.- Manuapul, District- West Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Chandeshwar Tiwari, son of Late Braj Kishore Tiwari, Resident of VillageTurhapatti, P.S.- Sirisiyan, O.P.- West Champaran, Bettiah, at present Resident of Village/Mohalla- Shanti Nagar, Ward No.23, P.S.- Town, Bettiah, DistrictWest Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Aslam Ansari, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP For the Informant : Mr. Dhananjay Kumar No.2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 24-01-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Bettiah P.S. Case No. 588 of 2017 instituted for the offence under Section(s) 406, 420, 504, 120(B)/34 Indian Penal Code and 138 of N.I. Act. Counsel for the petitioner submits that there was no money transaction between petitioner and the informant. In the written report, it is alleged that agreement was entered into between the informant and co-accused Irfan and Anwar Ahmad. Petitioner is merely signatory on the aforesaid agreements entered into between the informant and co-accused, Irfan and

Patna High Court Cr.Misc. No.3296 of 2019(2) dt.24-01-2019 2/2 Anwar Ahmad.

Petitioner is said to be in custody since 05.09.2018. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, in connection with Bettiah (T) P.S. Case No. 588 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. The Trial Court is directed to take all effective steps for conclusion of trial expeditiously by ensuring appearance of all the accused.

(Sanjay Priya, J) J. Alam/- Rohit Kr.

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