Md. Aftab Ansari @ Chippu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63573 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- PHULWARIA District- Begusarai ====================================================== Md. Aftab Ansari @ Chippu S/o Late Md. Israil Ansari @ Md. Israeel Ansari R/o village- Shokhara,- 01, Gandhi Nagar, P.S.- Phulwariya, DistrictBegusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Rakesh Kumar Ranjan, Advocate For the Opposite Party :

Mrs.Veena Kumari Jaiswal, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under sections 323/504/34/307 of the IPC. It is alleged that when the informant was returning to his house along with his family members, suddenly four miscreants pretending themselves to be the police personnel, objected him and opened fire causing injury to the informant and his nephew. Informant identified this petitioner as one of the miscreants.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to old rivalry. It is further submitted that injury report of Sadar Hospital, Begusarai does not suggest any injury caused to the informant, which is annexure 2 to this petition. Moreover, petitioner is in custody since 8.7.2019. Charge sheet has also been filed in the case, as such, there is no chance of tampering with the evidence.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,

Patna High Court CR. MISC. No.63573 of 2019(3) dt.23-01-2020 2/2 Begusarai in Phulwariya Police Station Case No. 63/2019, on the following conditions:-

(1) 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 the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T