Babbu @ Babbu Ansari @ Babuwa Ansari v. The State Of Bihar

Patna High Court Cr.Misc. No.36639 of 2017 (3) dt.30-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36639 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -KATORIA District- BANKA ======================================================

1. Babbu @ Babbu Ansari @ Babuwa Ansari Son of Ainul Ansari, R/o Village + P.S.- Kantoria ( Goswami Tola), District- Bnaka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Katoria P.S.Case nO.01 of 2017, registered for offences punishable under Section 392 of the Indian Penal Code. Petitioner is not named in the F.I.R. and his name transpired during the course of investigation of the case. Submission of the learned counsel for the petitioner is that except confession there is absolutely nothing against the petitioner in this case, not put on T.I.P. and nothing has been recovered from the petitioner. The petitioner is in custody for about 4 1⁄2 months. It has also been submitted that the petitioner is accused in one more case and only he has been remanded in this case and other than that there is nothing against the petitioner.

Patna High Court Cr.Misc. No.36639 of 2017 (3) dt.30-08-2017 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Banka in connection with Katoria P.S.Case No.01 of 2017.

With 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 co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T