Sufaid Ali @ Sufaid Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30802 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- SAHAJITPUR District- Saran ====================================================== 1.
Sufaid Ali @ Sufaid Ansari Son of Shahid Ansari @ Md. Said Ansari Resident of Village- Piperpatti, P.S.- Sahajitpur, District- Saran at Chapra. 2.
Ujair Ali @ Md. Wajair Ahmad Son of Shahid Ansari @ Md. Said Ansari Resident of Village- Piperpatti, P.S.- Sahajitpur, District- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Narendra Kumar, Advocate For the Opposite Party/s :
Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have filed the instant application for anticipatory bail apprehending their arrest in connection with Sahajitpur P.S. Case No. 101 of 2018 registered for the offence under sections 363/34, 364, 302 and 201/34 of the Indian Penal Code.
As per the FIR it is alleged by the informant that his younger brother disappeared while returning back to his house from his shop in the evening. It is alleged that the accused persons including the petitioners herein as also one Qutubuddin Ansari besides others had threatened the informant's brother. It is submitted by learned counsel for the petitioners that the said Qutubuddin Ansari has been enlarged on bail by order
Patna High Court CR. MISC. No.30802 of 2019(3) dt.24-07-2019 2/3 dated 18.07.2019 passed in Cr. Misc. No. 22859 of 2019. The case of the petitioners stands on the similar footing to that of said Qutubuddin Ansari. No incriminating material has transpired in course of investigation against these petitioners. By order dated 09.05.2019 passed in the instant case, case diary had been called for and the same has been received. Learned counsel appearing on behalf of the State, after going through the case diary, is not able to dispute the submission on behalf of the petitioners that the case of the petitioners stand on a similar footing to that of co-accused Qutubuddin Ansari.
Having heard learned counsel for the parties and taking into consideration the facts and circumstance of the case especially the fact that the case of the petitioners stands on similar footing to that of co-accused Qutubuddin Ansari who has been enlarged on bail, the court is inclined to enlarge the petitioners on bail. The petitioners above named, in the event of their arrest or surrender in the court below within a period of six weeks from today in connection with Sahajitpur P.S. Case No. 101 of 2018 are directed to be enlarged on bail on each of them furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.30802 of 2019(3) dt.24-07-2019 3/3 the learned Additional Chief Judicial Magistrate, 6th, Saran at Chapra subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code.
(Partha Sarthy, J) Prakash/- U T