Arman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23932 of 2016 Arising Out of PS.Case No. -47 Year- 2014 Thana -BHOJPUR GRP CASE District- BHOJPUR ====================================================== Arman Ansari, s/o late Rafi Ansari, Resident of village- New Bazar P.SBaxur Town, Dist- Baxur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Adv. For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 30-05-2016 Heard learned counsel for the petitioner. However, none appears on behalf of the State of Bihar, though the name of the learned Spl. P.P. appearing on behalf of the State of Bihar is printed in the daily cause list.

The petitioner seeks bail in a criminal prosecution registered under Section 302/34 of the Indian Penal Code as also under Section 27 of the Arms Act and Section 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Taking into consideration the fact that the petitioner is not named in the FIR vide Annexure-1 as an accused and his involvement has been suspected during the course of the investigation on the basis of alleged confessional statement of a co-accused before the police and further taking into consideration the period of incarceration, the prayer for bail made on behalf of the petitioner is allowed.

Let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like

Patna High Court Cr.Misc. No.23932 of 2016 (2) dt.30-05-2016 amount each to the satisfaction of the learned 1st A.D.J., Bhojpur at Ara in connection with SC/ST Case No.16 of 2016 arising out of Ara Rail P.S. Case No.47 of 2014, subject to the conditions that:

(A) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J) Arvind/- U T