Tajuddin Ansari @ Chhatruddin @ Tayuddun Ansari @ Md. Chhatruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58603 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- AANDAR District- Siwan ====================================================== TAJUDDIN ANSARI @ CHHATRUDDIN @ TAYUDDUN ANSARI @ MD. CHHATRUDDIN S/o Late Sharif Ansari R/o village- Balyipur Pakwaliya, P.S.- Andar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Andar P.S. Case No. 20 of 2021 for the offences under Sections 314, 324, 504, 506 and 307 of the Indian Penal Code. The allegation against the petitioner is that the petitioner gave a single knife blow to the grandson of the informant and fled away from the place of occurrence. Subsequently, he was arrested and the knife was recovered from him.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.58603 of 2021(3) dt.18-07-2022 2/3 although the allegation of knife blow is on the petitioner, it was a case of single assault and it shows that he had no intention to kill the injured, Golu. He further submits that for the said alleged act, he is in custody since 27th of January, 2021 (as stated in paragraph-11 of the bail application) and further he has clean antecedent.

Taking into account the aforesaid facts that charge sheet stands submitted and he is in jail since 27.01.2021, this Court is inclined to grant him the privilege of bail. Let the 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 Chief Judicial Magistrate, Siwan in connection with Andar P.S. Case NO. 20 of 2021, subject to the following conditions.

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall in no way try to induce or promise or

Patna High Court CR. MISC. No.58603 of 2021(3) dt.18-07-2022 3/3 threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T