Wasim Ansari @ Mosin @ Mosim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31212 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== WASIM ANSARI @ MOSIN @ MOSIM ANSARI Son of Moinudeen Resident of Village-Raghunath Ganj, P.S.-Nabinagar, District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 429, 295(A)/34 IPC and 38(iii) of the Prevention of Cruelty to Animals Act, registered in connection with Nabinagar P.S. Case No. 6/2019.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and on the basis of secret information, except which there is no objective material to connect the petitioner with the alleged occurrence. The thrust of accusation is against co-accused Jalil Ansari. The petitioner was neither apprehended at the spot nor any incriminating materials have been recovered from his possession or house. 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 CJM, Aurangabad, in connection with Nabinagar P.S. Case No. 6/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and

Patna High Court CR. MISC. No.31212 of 2019(2) dt.15-05-2019 2/2 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 co-operate 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) Chandran/- U T