Afzal Ansari @ Gori Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39438 of 2019 Arising Out of PS. Case No.-513 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== AFZAL ANSARI @ GORI ANSARI Son of Jalabuddin Ansari Resident of Village - Semari Bhawanipur, P.S.- Jogapatti (Nawalpur), District - West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Chanpatia (Sirisia) P. S. Case No. 513 of 2018 instituted for the offence under Section(s) 341, 342, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that this petitioner fired shot on the informant with intention to kill but informant saved himself and the fire hit in his right hand wrist causing bleeding injury. Learned counsel for informant has submitted that petitioner has criminal antecedent and four cases are pending against him. Petitioner is accused in two cases lodged by the informant as well as his wife vide Jogapatti (Nawalpur) P.S.

Patna High Court CR. MISC. No.39438 of 2019(3) dt.21-08-2019 2/3 case no. 331 of 2017 and Jogapatti (Nawalpur) P. S. case no. 271 of 2017.

Leaned counsel for petitioner has submitted that on the alleged date of occurrence on 12.12.2018 , the petitioner was present in court in connection with Jogapatti (Nawalpur) P.S. case no. 331 of 2017. The certified copy of the order dated 12.12.2018 passed by Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 107 of 2018 has been annexed as Annexure -2 to bail petition.

Learned APP has submitted that one injury has been found on the right forearm of the injured caused by fire arm. Learned counsel for petitioner has submitted that the there is case and counter case between the parties. Two cases are also filed vide Jogapatti (Nawalpur) P.S. case no. 275 of 2017 and Jogapatti (Nawalpur) P. S. case no 311 of 2017 against the informant and his family members by wife of coaccused Allauddin Ansari. The petitioner is in custody since 26.4.2019. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM-V, West Champaran at

Patna High Court CR. MISC. No.39438 of 2019(3) dt.21-08-2019 3/3 Bettiah, in connection with Chanpatia (Sirisia) P. S. Case No. 513 of 2018 subject to the following conditions:- (i) Both the bailors shall be the close relative of the petitioner.

(ii) The petitioner shall be present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner.

(iii) If petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) shyambihari/- U T