Azad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29340 of 2019 Arising Out of PS. Case No.-272 Year-2018 Thana- MANJHI District- Saran ====================================================== AZAD ANSARI, aged about 20 years, male, Son of Aslam Ansari Resident of Village - Nandpur, P.S.- Manjhi, Distt - Saran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Md. Anis Akhtar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 342, 323, 337 and 354 of the Indian Penal Code registered in connection with Manjhi P.S. Case No. 272 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and the parties are not only next door neighbours as stated in the F.I.R. rather the petitioner is the nephew of the informant and the accusations of the nature alleged are high improbable. There is delay in institution of the F.I.R. in 25.10.2018 for the alleged occurrence of 22.10.2018. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate

Patna High Court CR. MISC. No.29340 of 2019(2) dt.03-05-2019 2/2 2nd, Saran at Chapra in connection with Manjhi P.S. Case No. 272 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U