Kayum Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60561 of 2018 Arising Out of PS.Case No. -346 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Kayum Ansari S/o Late Asgar Ansari, R/o Vill.- Khanaw, P.S.- Bhabua, District- Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard the parties.
The petitioner seeks regular bail in connection with Session Tr. Reg. No.353 of 2017 arising out of Bhabua P.S.Case No.346 of 2017 G.R.No.1376 of 2017 registered for offences punishable under Sections 302, 307 and 34 , of the Indian Penal Code. Allegation is of causing death of deceased. Petitioner is named in the FIR.
Submission of the learned counsel for the petitioner is that specific allegation of assault is against the son of the petitioner and other co-accused person having similar allegation have been granted bail by a Co-ordinate Bench of this Court, vide order dated 21.11.2017 passed in Cr. Msic. No.48366 of 2017. Heard learned A.P.P. and the learned counsel for the
Patna High Court Cr.Misc. No.60561 of 2018 (2) dt.06-10-2018 2/2 informant. They have opposed the prayer for bail stating that on his order son of the petitioner has fired causing death of the deceased. The petitioner is in custody since 23.6.2017.. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ADJ IV, Kaimur at Bhabua in connection with S.Tr. Reg. No.353 of 2017 arising out of Bhabua P.S.Case no.346 of 2017, G.R. no.1376 of 2017.
With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T