Patna High CourtCR. MISC./48337/2014bail granted

Ansar Ali v. The State Of Bihar

2015-03-03Mr. Justice Kishore K. Mandal2 pages

Patna High Court Cr.Misc. No.48337 of 2014 (3) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48337 of 2014 Arising Out of PS.Case No. -125 Year- 2003 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Ansar Ali S/o Late Azeemuddin R/o Sattari, P.S. English Bazar, District Malda (West Bengal).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-03-2015 Heard counsel for the petitioner and the learned A.P.P., Mr. S.Dayal for the State.

Petitioner seeks bail in Kishanganj P.S. Case No.125 of 2003 registered under Sections 364, 384 and 379 of the Indian Penal Code.

Indisputably, the petitioner is not named in the F.I.R.. It has been submitted on behalf of the petitioner which also finds mention in the order of the learned Sessions Judge that his name also did not figure in the statement which the victim made under Section 164 Cr.P.C. The petitioner was granted privilege of anticipatory bail but within time, he could not surrender in the Court and furnish bail bonds. Precisely this is the reason for rejection of his prayer for bail.

Patna High Court Cr.Misc. No.48337 of 2014 (3) dt.03-03-2015 It has been submitted that all other accused persons of this case are on bail. The petitioner has remained in custody since 25.09.2014.

Considering the facts and circumstances of the case, let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the court of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 125 of 2003(G.R. No.456 of 2003), subject to the following conditions:

(i) One of the bailors shall be own/close family member of the petitioner.

(ii) In the event of framing of charge, the petitioner shall appear in person on all dates fixed thereat. In the event of default in doing so on two consecutive dates, the trial court shall cancel the bail of the petitioner and ensure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Saurabh/- U T