Azad Ansari @ Md. Azad @ Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9038 of 2017 Arising Out of PS.Case No. -469 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Azad Ansari @ Md. Azad @ Azad Son of Seraj Ansari, Resident of Village- Pokhar Basti, Ward No. 20, P.S. Forbesganj, District Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 The petitioner is in custody since 05.09.2016 in connection with Forbesganj P.S. Case No. 469 of 2016, registered for offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 Indian Penal Code.

It has been submitted on behalf of the petitioner that allegation against the petitioner is that he fired on the informant and thereafter he gave knife blow to him, however the injury report does not corroborate the allegations as no injury of gun shot was found and only insized wound was found. Petitioner has been falsely implicated in this case due to land dispute and he has been languishing in judicial custody since 05.09.2016. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case and also in view of the fact that no injury has been found on the person of the informant suggesting gun shot injury or knife blow injury and also the petitioner has

Patna High Court Cr.Misc. No.9038 of 2017 (3) dt.28-03-2017 2/2 remained in custody for more than six months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Araria, in connection with Forbesganj P.S. Case No. 469 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T