Kalo Ansari @ Kalu Ansari v. The State Of Bihar

Patna High Court Cr.Misc. No.56657 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56657 of 2018 Arising Out of PS.Case No. -196 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Kalo Ansari @ Kalu Ansari, son of Budhan Ansari, resident of Gondapur, Raintola, Police Station- Nawada, District- Nawada. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Deepak Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 353, 188, 283, 337, 427, 435, 153(a) of the Indian Penal Code registered in connection with Nawada P.S. Case No. 196 of 2017.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. has been instituted against as many as 37 persons. The accusations against the mob of accused persons are general and omnibus in nature. Similarly situated co-accused Om Prakash Gupta @ Karu @ Om Prakash has been granted anticipatory bail by this Court in Cr. Misc. No. 43300 of 2018.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, 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

Patna High Court Cr.Misc. No.56657 of 2018 (2) dt.28-09-2018 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada P.S. Case No. 196 of 2017, 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) 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) 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) Md. Ibrarul/- U T