Samsad Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27217 of 2015 Arising Out of PS.Case No. -132 Year- 2010 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Samsad Ansari S/o Late Aziz Ansari Resident of village - Manguraha, P.S. Chiraiya District - East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 31-07-2015 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 06.01.2015 in a case registered for the offences punishable under Sections 147, 148, 149, 427, 379 of the Indian Penal Code, 17 of Unlawful Activity (Prevention) Act, 3/5 of Explosive Substances Act, 27 of the Arms Act and 17 of Criminal Law Amendment. The prosecution case is that on 30.06.2010 the informant being Guard of Tata Do Co Mo and Uninore towers was asked to open the gate; and the belongings were taken by the miscreants including mobile and other articles and the towers and generator were destroyed. The name of the petitioner sprang up
Patna High Court Cr.Misc. No.27217 of 2015 (2) dt.31-07-2015 2/2 during investigation.
It is submitted by learned counsel for the petitioner that neither there is any recovery from the petitioner and the petitioner has been put on TIP. Statements to that effect have been made in paragraph nos. 6 and 7 of the petition. Moreover, the investigation has already concluded and similarly situated has been granted bail vide Cr. Misc. No. 36493 of 2012. Considering the aforesaid facts, let the above named petitioner, 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 learned Judicial Magistrate, Ist Class, Sikrahana at Motihari, East Champaran in connection with Chiraiya P.S. Case No. 132 of 2010.
Since the petitioner has criminal antecedent, the learned court below will be at liberty to cancel the bail bonds of the petitioner in two eventualities i.e. if he defaults for two consecutive occasions or substantially gets involved in some serious nature of offence.
(Dinesh Kumar Singh, J) DKS/- U T