Patna High CourtCR. MISC./47210/2017bail granted

Aslam Ansari v. The State Of Bihar

2017-10-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47210 of 2017 Arising Out of PS.Case No. -258 Year- 2016 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Aslam Ansari Son of Hadish Ansari, R/o Village- Khardaur Mahna, P.S.- Chanpatiya, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Chanpatia P.S. Case No. 258 of 2016 instituted for the offence under Section-395 of the Indian Penal Code.

It has been submitted that the petitioner is not named in the written report. He has clean antecedent. The name of this petitioner has surfaced in this case in confessional statement of co-accused Anwar Ansari which was made before the police after his arrest. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Chanpatia P.S.

Patna High Court Cr.Misc. No.47210 of 2017 (2) dt.11-10-2017 2/2 Case No. 258 of 2016 to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T