Shamshad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25648 of 2018 Arising Out of PS.Case No. -323 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Shamshad Ansari, Son of Hakim Ansari @ Hakim Miyan, Resident of Village-Padraun, P.S.-Jogapatti, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jogapatti P.S. Case No. 323 of 2017 instituted for the offence under Sections 376 and 511 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against the petitioner. It has further been submitted that the instant case has been filed due to serious political rivalry between the petitioner's father and the father of the victim and in spite of opposition by the informant's father, the petitioner's father was elected Mukhiya. Therefore, the father of the Informant was having political grievance with the petitioner.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.25648 of 2018 (2) dt.01-05-2018 2/2 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 Jogapatti P.S. Case No. 323 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, West Champaran at Bettiah, 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