Tunna @ Hasim Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6567 of 2017 Arising Out of PS.Case No. -182 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================

1. Tunna @ Hasim Ansari, S/o Usman Ansari,

2. Najir Ansari, S/o Akarma Ansari, Both resident of village - Bageya, P.S. Kachhawa, District - Rohtas .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Aditya Narayan Singh-1, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-02-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 14.11.2016 and 11.11.2016 respectively, in connection with Nasariganj P.S. Case No. 182 of 2016 for the offences alleged under Sections 392 and 411 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and the F.I.R. is against two unknown persons. The petitioners' name has surfaced only on the confessional statement of co-accused Baijul Haque Ansari. No recovery of any incriminating articles has been made from the possession of the petitioners who claim clean antecedents.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.6567 of 2017 (2) dt.23-02-2017 2/2 circumstances of the case as well as the period of custody since 14.11.2016 and 11.11.2016 respectively already suffered, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas, in connection with Nasariganj P.S. Case No. 182 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) Md. Ibrarul/Chandran U T