Jamil Ansari @ Sahil Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63979 of 2022 Arising Out of PS. Case No.-207 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== JAMIL ANSARI @ SAHIL ANSARI Son of Sarvar Ansari Resident of Village - Badi Takiyan, P.S.- Chainpur, District - Kaimur (Bhabhua). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikram Dev Singh, Adv For the Opposite Party/s :
Mr.Bharat Lal, APP For the informant : Ms. Kiran Kumari Sharma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and the State as also the informant through video conferencing in view of the Covid-19.
The petitioner apprehends his arrest in connection with Chainpur P.S. Case No. 207 of 2022 instituted under Sections 341, 323, 307, 504, 34 of the Indian Penal Code and Section 27 of Arms Act.
As per the prosecution story, the allegation is that when the informant was returning home on his motorcycle, he was intercepted by the accused persons and whereafter it is alleged that this petitioner passed on a country made pistol to Gufran Khan asking him to open fire whereafter Gufran Khan fired on the informant causing injury on his leg. Later, when the
2/4 people started assembling, they retreated. He went to the hospital and thereafter the FIR was lodged.
Learned counsel for the petitioner submits that specific allegation as per the FIR is on Gufran Khan who opened fired causing injury on the leg of the informant. So far as this petitioner is concerned, he has only been implicated assigning a role of having passed a country made revolver. Further submission is that he is a young boy, is in studies and have no criminal antecedent.
Per contra, learned counsel for the informant submits that it was the petitioner herein who passed on the revolver which was used by Gufran Khan which caused injury to the informant.
Taking into account the fact that petitioner is a young boy of 18 years, have no criminal antecedent, specific allegation is against Gufran Khan of opening fire and ultimately will have to face the trial, this Court is inclined to extend him privilege of anticipatory bail.
Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
3/4 of the like amount each in connection with Chainpur P.S. Case No. 207 of 2022 to the satisfaction of learned A.C.J.M.,-II, Kaimur at Bhabua, subject to the conditions as laid down under Section 438(2) of the Cr.P.C and with the further conditions : (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty
4/4 to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ajay Singh/- U T