Rinku Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47121 of 2017 Arising Out of PS.Case No. -167 Year- 2017 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Rinku Ansari Son of Nazir Ansari @ Nazeer Ahmad Resident of Mahpur Khajrauni, P.S. Hussainganj, District Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Hussainganj P.S. Case No. 167 of 2017 for offences punishable under Sections 147, 148, 149, 341, 448, 427, 436, 379, 504, 506 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that the petitioner along with 33 named accused and hundreds of people came and burnt the house and property of the informant and others.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, the allegation is general and omnibus and it was a mob attack. He

Patna High Court Cr.Misc. No.47121 of 2017 (2) dt.03-10-2017 2/3 submits that one of the co-accused has been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 40012 of 2017 on 23.08.2017 and petitioner is in judicial custody since 13.08.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Siwan, in connection with Hussainganj P.S. Case No. 167/2017, subject to the following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.47121 of 2017 (2) dt.03-10-2017 3/3 without showing any genuine reason, his bail bonds shall be cancelled.

(Nilu Agrawal, J) Rajesh/- U T