Jubair Ansari v. The State Of Bihar

Patna High Court Cr.Misc. No.6323 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6323 of 2018 Arising Out of PS.Case No. -104 Year- 2017 Thana -SIGORI District- PATNA ====================================================== Jubair Ansari, son of Md. Ali Imam, r.o. village Makhdumpur, P.S. Sigori, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.10.2017 in connection with Sigori P.S. Case No. 104/2017 for the alleged offences under Sections 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the accusations against the petitioner is general and omnibus in nature. The thrust of accusation is against other coaccused persons namely, Amir Hussain and Asif Hussain who are said to have caught hold of the deceased while co-accused Babloo Ansari held a towel in the mouth of the deceased. No other overt act of assault has been attributed to the petitioner. Similarly situated co-accused Md. Neyaz has been granted bail by this Court in Cr. Misc. No. 3466 of 2018.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M-V, Danapur in connection with Sigori P.S. Case No. 104/2017 on the following conditions:-

Patna High Court Cr.Misc. No.6323 of 2018 (2) dt.01-02-2018 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner 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, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T