Naim Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29945 of 2018 Arising Out of PS. Case No.-60 Year-2017 Thana- BHAGHA District- West Champaran ======================================================
1. Naim Ansari, S/o Bijali Ansari,
2. Najir Ansari S/o Hadish Ansari,
3. Momtaj Ansari S/o Manjur Mian,
4. Kashim Ansari S/o Bijali Ansari, All Four Are R/o Pacharukhi, P.S.- Bhangaha, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
The application with respect to petitioner no.4, namely Kashim Ansari has already been dismissed as having become infructuous vide order dated 16.5. 2018 Petitioners apprehend their arrest in connection with Bhangaha P.S. case no. 60 of 2017 instituted for the offence under Section(s) 147, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the
Patna High Court Cr.Misc. No.29945 of 2018(3) dt.17-05-2018 2/3 instant case is counter blast of Bhangaha P.S. case no. 59 of 2017 lodged by Naim Ansari against the present informant and six others. Both sides have sustained injuries. The injuries found on the person of the injured in the instant case has been enclosed as Annexure-3 which shows that all the injuries are simple in nature. Some of the injuries have been sustained by the petitioner's side in the counter case which has been enclosed as Annexure-2.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner nos. 1,2 and 3, named above, within six weeks from today in connection with Bhangaha P.S. case no. 60 of 2017, petitioner nos. 1, 2 and 3 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 the learned J.M.-1st Class, Bettiah, West Champaran, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further 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 absence on two consecutive dates without
Patna High Court Cr.Misc. No.29945 of 2018(3) dt.17-05-2018 3/3 proper and reasonable reason will automatically cancel bail bond of the petitioners 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) shyambihari/- U T