Jamil @ Md. Jamil Ansari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45798 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- AMAUR District- Purnia ======================================================
1. Jamil @ Md. Jamil Ansari,
2. Mustak @ Mustak Ansari Both Sons of Late Kitab Ali, R/o Vill.- Kharahiya, P.S.- Amour, District- Purnia.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shabbir Ahmad For the Opposite Party/s :
Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Amour P.S. case no. 66/18 instituted for the offence under Section(s) 147, 148, 149, 452, 427, 441, 442, 436, 380 and 504 of the Indian Penal Code. Learned counsel for the petitioners has submitted that instant case has been filed on account of land dispute. This is a counter blast of complaint case no. 669 of 2018 filed against the informant and others. It is further submitted that during investigation police has found allegation for the offence under Section 436 of the IPC not very specific.
In the written report there is general and omnibus allegation that all petitioners entered into the house and
Patna High Court Cr.Misc. No.45798 of 2018(2) dt.10-08-2018 2/2 committed loot-pat and also set the kitchen house on fire. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Amour P.S. case no. 66/18, 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 the CJM Purnia, 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) shyambihari/- U T