Fanna Ansari @ Masum Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22739 of 2019 Arising Out of PS. Case No.-513 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Fanna Ansari @ Masum Ansari (27 years (M), Son of Jalabuddin Ansari Resident of Village - Semari Bhawanipur, P.S.- Jogapatti (Nawalpur), District West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 342, 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Chanpatia (Sirisia) P.S. Case No. 513 of 2018.

3. It is submitted that the petitioner has been falsely implicated and as evident from the first information report itself, the thrust of accusation of firing upon the informant is against coaccused Afzal Ansari. The petitioner is merely said to be order giver and no overt act of assault whatsoever has been alleged against him. Four prior cases in which the petitioner has been made accused have been filed by the informant or at his instance, in all of which he is on bail.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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

Patna High Court CR. MISC. No.22739 of 2019(2) dt.10-04-2019 2/2 Additional Chief Judicial Magistrate-V, West Champaran at Bettiah in connection with Chanpatia (Sirisia) P.S. Case No. 513 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (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 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. (iv) That the petitioner shall cooperate 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.

(Vikash Jain, J) BT/- U T