Sainuddin Ansari @ Saimudin Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9876 of 2018 Arising Out of PS.Case No. -221 Year- 2017 Thana -EKMA District- SARAN ======================================================

1. Sainuddin Ansari @ Saimudin Ansari, S/o Tabarakh Ansari,

2. Salim Ansari S/o Late Wahid Miyan,

3. Musa Miyan S/o Sah Mohammad,

4. Mubarak Ansari S/o Late Gafoor Miyan,

5. Pappu R/o Village- Ekma, P.S.- Ekma, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Ekma P.S.Case No.221 of 2017 , registered for offences punishable under Sections 147, 148, 149, 341, 323, 353, 427, 435, 379, 188 and 504 of the Indian Penal Code.

Allegation against the petitioners and several other accused persons is of rioting and also setting the Unchal Office on fire and also damaging the property. There is also allegation of pelting stones and creating road blocked.

Submission of the learned counsel for the petitioners is that as a matter of fact one person had died that is why a large number of people has created road blocked and nothing specific has been

Patna High Court Cr.Misc. No.9876 of 2018 (3) dt.09-04-2018 2/2 mentioned against the petitioner though he is named in the FIR. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Saran at Chapra in connection with Ekma P.S.Case No.221 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U R