Ahmad Hussain And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53752 of 2015 Arising Out of PS.Case No. -95 Year- 2015 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Ahmad Hussain Son of Alijan Mian, Resident of Village - Asnasingha Police Station - Nimiya Ghat, District - Giridih.

2. Amarullah Ansari @ Md. Airullah Ansari, Son of Md. Naushad Ansari, Resident of Village - Simariya Tand, Police Station - Top Chanchi, District - Dhanbad.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Aurangabad Muffasil P.S. Case No. 95 of 2015 registered for the offences punishable under Sections 413, 414, 406, 420, 467, 468, 471 and 120-B of the Indian Penal Code.

It is contended that the owners of the two trucks of which the petitioners were driver bearing Registration No. JH09U-2756 and JH-09U-7069, namely, Jagdish Mahto and Jitendra Kumar Mahto, have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 16.10.2015 passed in Cr.Misc. No. 44198 of 2015.

Regard being had to the reasons assigned in the

Patna High Court Cr.Misc. No.53752 of 2015 (2) dt.09-12-2015 2/2 aforesaid order dated 16.10.2015, as contained in Annexure-5 to the supplementary affidavit filed in the present case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners, namely, Ahmad Hussain and Amarullah Ansari @ Md. Airullah Ansari are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Muffasil P.S. Case No.95 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure with the further following conditions :- (i) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Ashwani Kumar Singh, J) Pradeep/- U T