Allauddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15433 of 2019 Arising Out of PS. Case No.-331 Year-2017 Thana- JOGAPATTI District- West Champaran ====================================================== Allauddin Ansari, son of Late Ishaque Ansari, Resident Of Village- Semari Bhawanipur, P.S.- Jogapatti (Nawalpur), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sanjay Kumar No 7, Advocate For the Informant :

Mr. Shailesh Kumar, Advocate Mr. Altamish, Advocate For the State :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 25.09.2017 in connection with Sessions Trial No.107 of 2018 arising out of Jogapatti (Nawalpur) P.S. Case No.331 of 2017 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 302, 447, 448 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected in view of the fact that it is stated that he also attacked the deceased along with one Jalabuddin Ansari. It is further submitted that the said Jalabuddin Ansari has since been extended the privilege of bail in Cr.Misc. No.15243 of 2019, vide order dated 24.04.2019. Learned counsel submits that in view of the

Patna High Court CR. MISC. No.15433 of 2019(3) dt.15-05-2019 2/3 fact that petitioner's case stands similarly placed, the petitioner may also be extended the same privilege and be granted bail. It is further submitted that the petitioner shall appear in court as and when required without causing any prejudice to the continuance and disposal of the trial, which is likely to be concluded shortly.

In view of the aforementioned undertaking, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Bettiah, West Champaran, in connection with Sessions Trial No.107 of 2018 arising out of Jogapatti (Nawalpur) P.S. Case No.331 of 2017, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate

Patna High Court CR. MISC. No.15433 of 2019(3) dt.15-05-2019 3/3 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.

(Anjana Mishra, J) PNM U T