Samiuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12537 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -CHAND District- BHABHUA (KAIMUR) ====================================================== Samiuddin Ansari, Son of Samsuddin Ansari, Resident of VillageKarwandiya, Police Station- Chand, District- Kaimur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-03-2017 Heard Sri( Dr.) Amrendra Kumar, learned counsel, assisted by Sri Rajesh Kumar Pathak, learned counsel for the petitioner.

This is the second attempt for grant of bail on behalf of the petitioner in Chand P.S. Case No.47 of 2016, G.R.No.1207 of 2016 corresponding to Sessions Trial No.52 of 2017 registered for the offence under Section 302/34 of the Indian Penal Code. Earlier, the prayer for bail of the petitioner was rejected on 22.10.2016 vide Cr.Misc.No.43135 of 2016. Learned counsel for the petitioner submits that save and except the petitioner, all other accused persons have already been granted bail. He submits that one of the co-accused, against whom there was similar allegation like the petitioner, was granted bail subsequent to rejection of prayer for bail of the petitioner. He

Patna High Court Cr.Misc. No.12537 of 2017 (3) dt.22-03-2017 2/3 submits that co-accused Manish Churi Farosh has been granted bail on 08.11.2016 vide Cr.Misc.No.37698 of 2016. Dr. Kumar, learned counsel appearing on behalf of the petitioner has specifically referred to the statement made in paragraph-16 of the present petition. It was submitted that co-accused Manish Churi Farosh having similar allegation has been granted bail subsequent to rejection of prayer for bail of the petitioner. Considering the fact that almost all the accused have been granted bail and even one of the accused, whose case is almost similar to the case of the petitioner , has been granted bail subsequent to rejection of prayer for bail of the petitioner, there is no reason to further detain the petitioner.

Let the petitioner, namely, Samiuddin Ansari 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 learned Sessions Judge, Kaimur at Bhabua in connection with Chand P.S. Case No.47 of 2016, G.R. No.1207 of 2016 corresponding to Sessions Trial No.52 of 2017 with conditions that ( i) one of the bailors must be blood relation of the petitioner and (ii) during trial , the petitioner shall remain physically present on each and every date.

Patna High Court Cr.Misc. No.12537 of 2017 (3) dt.22-03-2017 3/3 automatically cancelled.

(Rakesh Kumar, J) NKS/- U T