Irshad Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56204 of 2017 Arising Out of PS.Case No. -191 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Irshad Ansari, son of Shan Mohammad @ Shan Mahammad Ansari
2. Dil Mohammad Ansari @ Dil Mahammad Ansari, son of Samser Ansari
3. Haji Ansari, son of Hadish Mian
4. Salma Khatoon, wife of Shan Mohammad @ Shan Mahammad Ansari
5. Ayub Ansari, son of Haji Ansari
6. Jafarullah Ansari, son of Haji Ansari All residents of village Tejpurwa Ujiar Tola, P.S. Malahi, Distt. East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate. For the Opposite Party/s : Md. Nazir Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Paharpur (Malahi) P.S. Case No. 191 of 2016, G.R. Case No. 5240 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 447, 427, 504, 354, 379 and 506 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is specific allegation of assault against co-accused Murad Ansari @ Laddu and Shamshad Ansari who are not petitioners herein. There is general and omnibus allegation against the petitioners.
It is mentioned in paragraph-3 of the bail petition that
Patna High Court Cr.Misc. No.56204 of 2017 (2) dt.29-11-2017 2/2 petitioner has no criminal antecedent.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Paharpur (Malahi) P.S. Case No. 191 of 2016, G.R. Case No. 5240 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.