Patna High CourtCR. MISC./5469/2017bail granted

Tunna Ansari And ORS v. The State Of Bihar

2017-02-08Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.5469 of 2017 (2) dt.08-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5469 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Tunna Ansari, S/o Mojahir Ansari.

2. Bablu Mian, S/o Mustakim Mian.

3. Lal Babu Ansari, S/o Majbullah

4. Harun Ansari, S/o Mojahir Ansari. All are Resident of Village- Amir Khan Tola, P.S.- Sugauli, District- East Champaran. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ramakant Yadav, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 16.10.2016 in connection with Sugauli P.S. Case No. 218 of 2016 for the alleged offences under Sections 147, 148, 149, 323, 307, 353, 188, 295(A), 504, 506 of the Indian Penal Code and Section 3 and 4 of the Explosive Substance Act.

3. It is submitted that the petitioners have been falsely implicated on mere suspicion and in any event a large number of persons have been arrested in connection with mob of 500 persons indulging in creating nuisance. Similarly situated co-accused Jahruddin has been granted bail by this Court in Cr. Misc. No. 2134 of 2017.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-(ten

Patna High Court Cr.Misc. No.5469 of 2017 (2) dt.08-02-2017 thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 218 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioners.

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

(iii)That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves 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 petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/Ibrar U T