Dukhi Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29295 of 2019 Arising Out of PS. Case No.-667 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== DUKHI ANSARI S/o Late Izralli Mian, R/o village- Bharpatia, P.S.- Bettiah Muffasil (Manuapul), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bettiah Mufffasil (Manuapul) P.S. Case No. 667 of 2018 registered for offence punishable under sections 147, 148, 149, 323, 324, 307, 337, 338, 353 and 414 of the Indian Penal Code and sections 25 (1-b) and 27 of the Arms Act.

Allegation has been made that one Irshad Alam along with forty female and one hundred fifty male armed with different weapons prevented the construction of the police station and said that in no way, the building of police station would be constructed and they altercated and caused injury to the police personnel. The name of this petitioner has surfaced

Patna High Court CR. MISC. No.29295 of 2019(2) dt.06-05-2019 2/3 during investigation, he was identified by the Chowkidar. The learned counsel for the petitioner submits that the petitioner is not the main perpetrator, rather Mukhiya and his son are the main person behind all creation of nuisance. Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Mufffasil (Manuapul) P.S. Case No. 667 of 2018, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond.

Patna High Court CR. MISC. No.29295 of 2019(2) dt.06-05-2019 3/3 petitioner for the purpose of interrogation/investigation, he would present himself, In case of failure without any genuine rhyme or reason, the prosecution will have liberty to make a prayer for cancellation of his bail before the court below. (Shivaji Pandey, J) mkchy/- U T