Taiyab Ansari v. The State Of Bihar
Patna High Court Cr.Misc. No.52631 of 2017 (2) dt.14-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52631 of 2017 Arising Out of PS.Case No. -315 Year- 2016 Thana -DUMRA District- SITAMARHI ======================================================
1. Taiyab Ansari, Son of Saukat Ansari, Resident of Village- Banchauri, P.O.- Banchauri, P.S.- Dumara, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 The petitioner seeks regular bail in connection with Dumra P.S. Case No. 315 of 2016, registered for offences punishable under Sections 341, 323, 324, 325, 504 of the Indian Penal Code and subsequently section 304 Indian Penal Code was added.
Allegation against the petitioner is of assault to the deceased by "Phata" causing his death.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and no such occurrence has ever taken place and a scuffle took place between the parties, in which petitioner fell down and subsequently died as he was an old person aged about 80 years. Further petitioner has been in custody since 31.07.2017 and he ready to abide by any condition imposed on him for grant of bail.
Heard learned A.P.P. also.
Having heard both sides, in view of the facts as stated
Patna High Court Cr.Misc. No.52631 of 2017 (2) dt.14-11-2017 above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi, in connection with Dumra P.S. Case No. 315 of 2016, subject to the 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 cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T