Jahir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39375 of 2018 Arising Out of PS. Case No. -74 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Jahir Ansari, Son of Lal Mohammad, Resident of Village- Bajra Bairiya, P.S.- Sahodara, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Chandra Verma, Advocate For the Opposite Party: Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 14.04.2017, has renewed his prayer for bail in connection with Trial No. 1993 of 2017 arising out of Motihari Town P.S. Case no. 74 of 2017 for the offences alleged under Sections 457 and 380 of the Indian Penal Code having twice been rejected by orders dated 13.07.2017 and 04.04.2018 in Cr. Misc. No. 31912 of 2017 and Cr. Misc. No. 60242 of 2017, respectively.

3. It is submitted that in a subsequent development, charges have now been framed against the petitioner and the trial has commenced. It is further submitted that there is no chance of tampering with the evidence of the witnesses.

4. Having regard to the entirety of the facts and circumstances of the case as well as period of custody of the petitioner above named, let him be released on bail on furnishing on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Mr. L.M. Tripathi,

Patna High Court Cr.Misc. No.39375 of 2018 (2) dt.24-08-2018 2/2 learned Judicial Magistrate, Motihari Sadar, East Champaran in connection with Trial No. 1993 of 2017 arising out of Motihari Town P.S. Case no. 74 of 2017 with the following conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Chandran U T