Guddu Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36601 of 2021 Arising Out of PS. Case No.-84 Year-2019 Thana- KOPA District- Saran ====================================================== GUDDU ANSARI Son of Israil Ansari Resident of Village- Anawal, P.S.- Kopa, District- Saran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Harsh Anuj, Advocate For the Opposite Party/s :

Asha Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-09-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/34 and other ancillary sections of the Indian Penal Code. Earlier prayer for bail of the petitioner was refused by this court vide order dated 30.6.2020, passed in Cr.Misc.No. 8108/2020.

Learned counsel for the petitioner submits that the main allegation is against co-accused Naushad and Shamsher and allegation against the petitioner is that he caught hold the victim along with three other persons. It is the case of the petitioner that one of these four accused persons, namely, Azad Miyan has subsequently been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Misc.No. 77815/2019. Petitioner has claimed clean antecedent and he is in custody since 25.11.2019.

Considering the facts and circumstances of the case and

Patna High Court CR. MISC. No.36601 of 2021(2) dt.16-09-2021 2/2 the fact that similarly situated co-accused has already been allowed bail by a co-ordinate bench of this Court, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate V Saran at Chapra in Kopa Police Station Case No. 84 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T