Junab Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78113 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Junab Ansari S/o Late Musahru Ansari, R/o Vill.- Kumarpur, Ward No. 5, P.S.- Bihariganj, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Mohan Kumar Singh For the Opposite Party/s :
Mr.Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Bihariganj P.S. Case No. 130 of 2018 registered for the offences punishable under Sections 323, 341, 307, 379, 504, 506, 34 of the Indian Penal Code. Informant has alleged in his written complaint that while he was sitting in his house, petitioner came there and told to the informant for ploughing the filed but he refused, in the meantime petitioner along with his sons assaulted by rod and lathi on the head and face of the informant with intention to kill him.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been
Patna High Court Cr.Misc. No.78113 of 2018(3) dt.09-01-2019 2/2 falsely implicated in this case. Petitioner is own brother of the informant and land dispute is going on between the parties. Petitioner is in custody since 06.06.2018.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Abhimanyu Kumar, Judicial Magistrate, 1st Class, UdaKishunganj, Madhepura, in connection with Bihariganj P.S. Case No. 130 of 2018, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers 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 petitioner. (S. Kumar, J) Rajiv/- U T