Bantha Ansari @ Rustam @ Rustm Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23698 of 2018 Arising Out of PS.Case No. -796 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Bantha Ansari @ Rustam @ Rustm Ansari, son of Ishaque Ansari, resident of Village- Rampur South, Police Station- Forbesganj, District- Araria. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Forbesganj Police Station Case No. 796 of 2017 registered for offences punishable under sections 147, 149, 341, 323, 379, 435, 384, 504 and 506 of the Indian Penal Code.
As per FIR, this petitioner and six other co-accuseds, who are named in FIR, visited at the shop of informant and demanded 15 Kg. mutton from the informant and two others. On refusal, the accused persons abused them and pulled the shopkeepers out of their shop and took away 150 Kg. chicken and and 50 Kg. chicken meat worth Rs.24,000/-. They also took away cash Rs.33,000/- from the cash box and started assaulting them. They also put the furniture of shop on fire. The petitioner is in
Patna High Court Cr.Misc. No.23698 of 2018 (3) dt.17-05-2018 2/2 custody for more than five months having two cases on his head in which he is on bail.
It has been submitted that when the petitioner was going to market, the informant and his men assaulted the petitioner and took away an amount of Rs.10,000/- from his possession for which he lodged a case bearing Forbesganj Police Station Case No. 801 of 2017.
Considering the nature of allegation, facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj Police Station Case No. 796 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T