Akbar Ali Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50402 of 2017 Arising Out of PS.Case No. -215 Year- 2016 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Akbar Ali Ansari, son of Haniph Ansari, R/o Village- Gariba, P.S.- Kalayanpur, District- East Champaran at Motihari. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sahebganj P.S.Case No. 215 of 2016 registered for the offences punishable under Sections 394 and 302 of the Indian Penal Code. Petitioner is not named in the FIR and later on his name transpires during course of investigation.

Submission of learned counsel for the petitioner is that only material has come against the petitioner is evidence of five witnesses, who claim to be eye-witnesses but they are relatives of Arinjay Kumar Singh, ex-Mukhiya of Gram Panchayat and there is enmity between the petitioner and said Arinjay Kumar Singh and due to which he has falsely been implicated in this case and he is in custody for 10 months.

Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating that five witnesses have seen the occurrence and they are said to be eye-

Patna High Court Cr.Misc. No.50402 of 2017 (3) dt.13-11-2017 2/2 witness to the occurrence.

Having heard both sides and in view of facts and circumstances, as stated above, and also considering the period of custody, let the petitioner, above named, be released 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 Additional Sessions Judge-VI, Muzaffarpur, in Sessions Trial No. 493 of 2017, arising out of Sahebganj P.S.Case No. 215 of 2016, subject to the following conditions :

(1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner shall co-operate in trial and appear on each and every date in court and on failure to appear on two consecutive dates without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U