Fida Hussain @ Mr. Fida Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47307 of 2018 Arising Out of PS.Case No. -509 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Fida Hussain @ Mr. Fida Ansari, S/o Md. Idrish, resident of VillageChhibhagwatipur, Sahdullapur, P.S.- Ahiyapur, District- Muzaffarpur at present resident of Mohalla- Belbanwa, P.S.- Town, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Town P.S. Case No. 509 of 2017 instituted for the offence under Sections 420, 467, 468 and 471 of the Indian Penal Code. Counsel for the petitioner has submitted that petitioner had not obtained SIM on any forged paper. The First Information Report has been lodged against petitioner levelling allegation that he took SIM with forged certificate in the name of Fida Hussain. It has further been submitted that name of petitioner in Voter I.D. is mentioned as Fida Hussain, but in the certificate issued by Mukhiya the name of petitioner is mentioned as Fida Ansari. It has further been submitted that alleged SIM of Docomo has

Patna High Court Cr.Misc. No.47307 of 2018 (2) dt.29-08-2018 2/2 already been blocked since long and at present is not in-existence. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Town P.S. Case No. 509 of 2017, he shall be released on anticipatory 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, East Champaran, Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T