Danish Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34574 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- DHANSOI District- Buxar ====================================================== Danish Ansari S/o Guddu Ansari R/o village- Sikathi, P.S.- Dhansoin, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-09-2022 Learned counsel for the petitioner submits that physical filing of the affidavit have been started. so, it may be accepted. He submits that by virtue of the supplementary, he has mentioned that petitioner is in custody since 09.05.2022. Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Dhansoin P.S. Case No. 75 of 2022 lodged under Sections 341, 323, 304, 504 of the I.P.C.

As per the prosecution case, the allegation against the petitioner is of culpable homicide not amounting to murder.

Patna High Court CR. MISC. No.34574 of 2022(2) dt.17-09-2022 2/3 Learned counsel for the petitioner submits that from the F.I.R. itself it is clear that the informant and the accused both belongs to the same family, the dispute was going on due to the reason that the petitioner has not informed about the injury of his uncle in the house. Learned counsel for the petitioner further submits that petitioner is in custody since 09.05.2022, and his antecedent is clean and charge sheet has already been filed. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-III, Buxar in connection with Dhansoin P.S. Case No. 75 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner 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, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.34574 of 2022(2) dt.17-09-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

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

With this observation, the bail application stands allowed.

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