Tanveer Ansari @ Tanveer Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65888 of 2019 Arising Out of PS. Case No.-183 Year-2016 Thana- BANMANKHI District- Purnia ====================================================== TANVEER ANSARI @ TANVEER ALAM Son of Late Musa Ansari Resident of Village- Dharhara Ansari Tola, P.S.- Banmankhi, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K.Agrawal, Sr. Advocate Mr.Sudhir Kumar Thakur For the Opposite Party/s :
Mr.Jitendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 447, 341, 323, 324, 307, 379, 504, 506 and subsequently added Section 302 of the Indian Penal Code registered in connection with S.T. No. 76 of 2017 arising out of Banmankhi P.S. Case No. 183 of 2016.
3. It is submitted that the petitioner has been falsely implicated in connection with alleged murder of the informant's father. It is submitted that after due investigation the police has submitted final form as regards the petitioner and other co-accused namely, Jahirun Khatoon, Nigre Ishrat @ Nigera Esrat and Jhuniya Khatoon, which was also accepted by the learned Court and a revision petition against the same also dismissed. The petitioner is however, summoned under Section 319 Cr.P.C. in course of trial. Similarly situated co-accused namely, Jahirun Khatoon, Nigre Ishrat @ Nigera Esrat and Jhuniya Khatoon, have been granted anticipatory bail by this Court in Cr. Misc. No. 63271 of 2019. The FIR has been lodged against as many as 24 accused persons including the petitioner. The petitioner is accused in one prior complaint case of the year 2012, in which he is on bail.
Patna High Court CR. MISC. No.65888 of 2019(2) dt.04-11-2019 2/2
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Purnea, in connection with S.T. No. 76 of 2017 arising out of Banmankhi P.S. Case No. 183 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further 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 co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. 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) Chandran/- U T