Md. Unish Ansari @ Unish Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44028 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- BAGHA District- West Champaran ====================================================== Md. Unish Ansari @ Unish Ansari (M) aged about 40 years, S/o Md. Husain Saheb @ Husain Saheb @ Md. Husen Ansari Resident of Village-Mehdiya Babu Tola, P.S.-Pipara, District-Kushinagar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arvind Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420 and 406 of the Indian Penal Code registered in connection with Bagaha (Bhairoganj) P.S. Case No. 45 of 2018.

3. It is submitted that the petitioner has been falsely implicated in a complaint based on the FIR on the accusation that the petitioner having taken Rs. 15,500/- from the informant did not return the same upon demand being made. It is submitted that in any event, the transaction is purely of civil nature and the complaint has been filed merely to put pressure upon the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Bagaha, West Champaran

Patna High Court CR. MISC. No.44028 of 2019(2) dt.17-07-2019 2/2 in connection with Bagaha (Bhairoganj) P.S. Case No. 45 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T