Teju Ansari @ Muharam Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40940 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- SHIVSAGAR DistrictRohtas ====================================================== 1.
TEJU ANSARI @ MUHARAM ANSARI S/o Tengar Ansari R/o villageKonar, P.S.- Sheosagar, District- Rohtas 2.
Khajamu Ansari @ Khajamuddin Ansari S/o Tengar Ansari R/o villageKonar, P.S.- Sheosagar, District- Rohtas 3.
Sadam Ansari S/o Md. Hussain Ansari R/o village- Konar, P.S.- Sheosagar, District- Rohtas 4.
Jamat Hussain @ Janat Hussain S/o Ash Mohammad Ansari R/o villageKonar, P.S.- Sheosagar, District- Rohtas 5.
Tengar Ansari S/o Asim Ansari R/o village- Konar, P.S.- Sheosagar, District- Rohtas ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Raghunandan Kumar Singh, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Sheosagar P.S. Case No. 27 of 2019.
3. It is submitted that the petitioners have been falsely implicated and there is considerable delay in instituting the F.I.R. on 30.01.2019 for the alleged occurrence of 29.01.2019 and the
Patna High Court CR. MISC. No.40940 of 2019(2) dt.04-07-2019 2/3 F.I.R. has been forwarded to the learned Court concerned on 04.02.2019. There is no injury report on record as evident from the order of the learned 1st Additional District and Sessions Judge to corroborate the accusation of assault variously by the petitioners. The accusation under the Arms Act is against coaccused Chotu Ansari. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas in connection with Sheosagar P.S. Case No. 27 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (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
Patna High Court CR. MISC. No.40940 of 2019(2) dt.04-07-2019 3/3 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) Ibrar/BT U T