Naushad Ansari @ Lakrue v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31014 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

Naushad Ansari @ Lakrue Son Of Soyab Ansari, Resident Of Village - Kolhua Chautarwa, P.S.- Chautarwa, Dist.- West Champaran 2.

Meraj Khan Son Of Abul Hassan, Resident Of Village - Kolhua Chautarwa, P.S.- Chautarwa, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Thakur, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Chautarwa P.S. Case No. 196 of 2021 lodged under Sections 307/34 of the I.P.C. read with Section 27 of Arms Act. As per prosecution case, the allegation of firing has been made against the informant by the accused persons but the said firing has not resulted into injury to any one. Learned counsel for the petitioners submits that petitioners are innocent and they have committed no offence. He

Patna High Court CR. MISC. No.31014 of 2022(3) dt.07-12-2022 2/3 further submits that for the occurrence dated 19.06.2021 there is already criminal case filed but subsequently with a view to make the severe allegations the present case has been filed. Counsel further submits that petitioners are in custody since 26.10.2021 and charge sheet has already been filed in this case. On criminal antecedent, counsel submits that there are 2 criminal cases pending against both the petitioners and in one case they are on bail and in another they are persuading for bail. Learned counsel for the State opposes the prayer for bail and submits that antecedents of the petitioners are not clean.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 196 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioners shall support in trial and shall appear physically before the lower court on each and every date fixed. In case of non-appearance for two consecutive dates without sufficient cause, their bail shall be cancelled.

Patna High Court CR. MISC. No.31014 of 2022(3) dt.07-12-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioners.

C. The petitioners shall file an affidavit at the time of furnishing of bail bond that they shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of their present bail bonds.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T