Kaleem @ Kallem Ansari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55830 of 2017 Arising Out of PS. Case No.-260 Year-2017 Thana- GOPALGANJ TOWN DistrictGopalganj ======================================================
1. Kaleem @ Kallem Ansari,
2. Amin Ansari Both are Sons of Md. Mohammad, R/o VillageBhibherwa, P.S.- Nagar, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Singh For the Opposite Party/s :
Mr. SRI NAND KISHORE PD ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-01-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend his arrest in Gopalganj Nagar P.S. Case No. 260 of 2017 instituted for the offence under Sections 302/34 of the Indian Penal Code. Counsel for the petitioners submitted that there is allegation in the written report, that due to land dispute between the informant and petitioners, co-accused Naim Miya and Sahjad Alam assaulted Aftab Alam causing serious injury to him.
The case diary has been received and the post mortem report is available. The doctor did not find any corresponding injury on the person of the deceased. The
Patna High Court Cr.Misc. No.55830 of 2017(2) dt.24-01-2018 2/3 opinion with regard to cause of death was kept reserved pending examination of visera preserved. From the written report it is apparent that there is no specific allegation of overt act against these petitioners. The other co-accused with similar allegation have already been granted privilege of anticipatory bail vide order dated 17.10.2017 passed in Cr. Misc. No. 46595 of 2017. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Gopalganj Nagar P.S. Case No. 260 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, subject to the conditions
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail
Patna High Court Cr.Misc. No.55830 of 2017(2) dt.24-01-2018 3/3 bond and (3) if petitioners tamper 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 petitioners. (Sanjay Priya, J) HR/- U