Jalil Ansari @ Jalil Mansuri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.306 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- KUDHNI District- Kaimur (Bhabua) ====================================================== Jalil Ansari @ Jalil Mansuri S/o late Idrish Miya @ Idrish Mansuri, R/o villBagahi, P.s. - Itarhi, Distt.- Buxar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 412 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- KUDHNI District- Kaimur (Bhabua) * ====================================================== Sanjay Singh S/o Shambhu Singh, Resident of Village-Hakimpur, P.S.-Itarhi, District-Buxar.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 306 of 2019) For the Petitioner/s :
Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :
Mr.Sri Ramchandra Sahani (In CRIMINAL MISCELLANEOUS No. 412 of 2019) For the Petitioner/s :
Mr.Arun Kumar Gupta For the Opposite Party/s :
Mr.Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.
Petitioners who are in custody seeks bail in a case registered for the offence punishable under Sections 392/34 of the Indian Penal Code and Section 27 of the Arms Act. Informant in his written complaint has alleged that his Tractor and Trailer was robbed by four unknown accused.
Patna High Court CR. MISC. No.306 of 2019(4) dt.13-03-2019 2/3 It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Nothing has been recovered from the possession of the petitioners and during investigation it has come that the Trailer was recovered from an abandoned place and not from the possession of petitioners. A mobile was also recovered from Sangita Devi who in her confession has stated that the same was provided to her by her husband Ajit Kumar Singh. Petitioners are in custody since 27.09.2018 and 05.11.2018 Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Kudhani P.S. Case No. 19 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.
Patna High Court CR. MISC. No.306 of 2019(4) dt.13-03-2019 3/3
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) ranjan/- U