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Patna High CourtCR. MISC./48320/2017bail granted

Najir Ansari @ Md. Nazim Ansari @ Nazim Ansari @ Md. Nazir Ansari @ Nazir Hoosain v. The State Of Bihar

2018-01-10Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48320 of 2017 Arising Out of PS.Case No. -291 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Najir Ansari @ Md. Nazim Ansari @ Nazim Ansari @ Md. Nazir Ansari @ Nazir Hoosain, Son of Manjar Ansari @ Manjar Ali, resident of VillageShripur, P.S.- Sugauli, District- East Champaran. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : M/s. Pravin Kumar and Kundan Rathore, Advocates. For the State : Dr. Mritunjay Kumar Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 10-01-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sugauli P.S. Case No.291 of 2016/Trial No.2439 of 2017 registered under Sections 363 and 365 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that earlier, the prayer for bail of the petitioner was rejected vide order dated 28.04.2017 passed in Criminal Misc. No.14276 of 2017 with an observation "at this stage". The petitioner is in custody since 17.12.2016. Further submission is that, in fact, the petitioner used to run the Orchestra Party in the

Patna High Court Cr.Misc. No.48320 of 2017 (2) dt.10-01-2018 2/2 name of N.H. Musical Group and the victim was one of the artists in the said musical party but due to some dispute of payment, the present case has been lodged. Moreover, the victim, in her statement, as recorded under Section 164 of the Code of Criminal Procedure, has not stated about ill-behaviour at the hand of the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Sugauli P.S. Case No.291 of 2016/Trial No.2439 of 2017. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T