Md. Mithu Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26243 of 2018 Arising Out of PS. Case No.-426 Year-2017 Thana- BIHPUR District- Bhagalpur ======================================================
1. Md. Mithu Ansari, Son of Md. Alamgir Ansari.
2. Md. Azad Ansari, Son of Md. Khurshid Ansari.
3. Kayum Ansari, Son of Late Fago Ansari.
4. Gulfaraj Ansari, Son of Md. Samsher Ansari, All are the resident of Village/Mohalla- Momin Tola, Jhandapur, P.S.- Bihpur (Jhandapur), Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Swapnil Kumar Singh For the Opposite Party/s :
Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Bihpur ( Jhandapur) P.S. case no. 426 of 2017 instituted for the offence under Section(s) 147,149,341,323,342,504 and 353 of the Indian Penal Code and Section 5 of Essential Services Maintenance Act, 1968.
It is submitted that petitioners are alleged to be the member of unlawful assembly. In the written report it is alleged that on the date of occurrence two persons died in motorcycle accident and due to that accused persons as mentioned in the written report blocked the NH-31 from 7.55 AM to 11.30 AM
Patna High Court Cr.Misc. No.26243 of 2018(3) dt.20-06-2018 2/3 and also used criminal force to deter public servants from discharge of their duty. The petitioners are named as member of the aforesaid unlawful assembly. The other accused persons with similar allegation have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 6.4.2018 passed in Cr. Misc. no. 14606 of 2018.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bihpur ( Jhandapur) P.S. case no. 426 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM, Naugachiya, Dist. Bhagalpur, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and
(3) if petitioners tamper with the evidence or the witnesses of
Patna High Court Cr.Misc. No.26243 of 2018(3) dt.20-06-2018 3/3 the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T