Tinku Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35857 of 2015 Arising Out of PS.Case No. -398 Year- 2014 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Tinku Ansari son of Nasim Ansari, resident of Mohalla-Bhabua Ward No. 7, PS-Bhabua, District-Kaimur (Bhabua).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Bhabua P.S. Case No. 398 of 2014 registered for offence under section 386/34 of the Indian Penal Code. The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 4142 of 2015 and this Court, vide order dated 10th April 2015, rejected the same but liberty was given to renew his prayer for bail after eight months. The counsel for the petitioner submits that the petitioner is in custody since 31/10/ 2014.

Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.35857 of 2015 (2) dt.12-08-2015 2/2 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur (Bhabua) in connection with Bhabua P.S. Case No. 398 of 2014, subject to the condition that (i) one of the bailors shall be father or mother or wife of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T