Ishrafil Ansari @ Israfil Ansari @ Md. Ishrafil Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38652 of 2024 Arising Out of PS. Case No.-869 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Ishrafil Ansari @ Israfil Ansari @ Md. Ishrafil Ansari S/O Sarfaraj Aadil @ Hatamiya R/O Village- Mohalla- Shahganj, Ward No. 24, P.S- Town, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rampravesh Nath Tiwari, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 237 of 2024/48 of 2024, arising out of Aurangabad P.S. Case No.869 of 2023, lodged on 05.12.2023, under Sections 341/323/307/379/504/34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against the present petitioner in which the allegation against the present petitioner that he has stabbed knife on the informant 10 times due to which he became brutally injured.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.38652 of 2024(2) dt.28-05-2024 2/3 submits that due to previous enmity the present case has been filed. Counsel submits that the petitioner is in custody since 06.12.2023 having no criminal antecedent. Counsel further submits that charge has already been framed in this case and trial has commenced.
5. Learned counsel for the State opposes the prayer for bail and submits that there is allegation of causing multiple injuries on the informant by the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after adducing evidence of the informant on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Aurangabad, in connection with Sessions Trial No. 237 of 2024/48 of 2024, arising out of Aurangabad P.S. Case No.869 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
Patna High Court CR. MISC. No.38652 of 2024(2) dt.28-05-2024 3/3 (ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./Ankit U T