Nasir Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 2255 of 2015 Arising out of P.S. Case No. -268 Year- 2011 Thana - FORBESGANJ District- ARRARIA ===================================================

1. Nasir Ansari S/o Mahbub Ansari.

2. Ibadul Ansari S/o Latif Ansari Both are Resident of Village Bhajanpur, Police Station Forbesganj, District Araria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv. For the Opposite Party/s : Mr. A.M.P.Mehta (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

20.01.2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 379, 436, 452, 427, 307 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

Considering the nature of allegations, let the Petitioners, above named who are in custody since 21.10.2014 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 268 of 2011 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will

Patna High Court Cr.Misc. No.2255 of 2015 (2) dt.20-01-2015 give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The Magistrate concerned is directed to consider amalgamation of the present case with Forbesganj P.S. Case Nos. 269 of 2011 and 274 of 2011 since both of them arise out of the same transaction.

Vikash/- (Anjana Prakash, J.) U T