Javed Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 11571 of 2020 Arising Out of PS. Case No.-410 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Javed Ansari S/o Md. Ayub @ Ayub Ansari @ Mohamad Ayyub Ansari Resident of Village-Mthia Hata, P.O.-Mateya, P.S-Kahaikote, District Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shafiur Rahman, Advocate For the Opposite Party :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Kochaikote P.S. Case No. 410 of 2019 for the offence under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner would submit that the allegation against the petitioner is that he had participated in the assault of the deceased. Learned counsel further submits that the date of occurrence is 27.11.2019 whereas the petitioner is in custody since 24.09.2019 in connection with Kochaikote P.S. Case No. 235 of 2019. Considering the aforesaid, the Court is inclined to

Patna High Court CR. MISC. No. 11571 of 2020(3) dt.05-06-2020 2/2 grant bail to the petitioner. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. VII, Gopalganj in connection with Kochaikote P.S. Case No. 410 of 2019, subject to the condition that on release, the petitioner shall render his service as volunteer in the District Health Centre for a period of one month in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the petitioner appropriately. Before releasing the petitioner on bail, the court below shall verify the record and satisfy that on the date of occurrence i.e. 27.11.2019, the petitioner was in custody in connection with Kochaikote P.S. Case No. 235 of 2019 and he was remanded in this case on 18.12.2019. If it is found that the petitioner was not in jail on the date of occurrence, the court below shall not release the petitioner.

(Anil Kumar Upadhyay, J) BT/- U T