Afala Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81589 of 2019 Arising Out of PS. Case No.-513 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== AFALA ANSARI Son of Mirhasan Ansari Resident of Village Semari, Bhawanipur, P.S. - Yogapatti (Nawalpur), District - West Champaran. ... ... Petitioner

Versus

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

For the Petitioner :Mr.Ashok Kumar Gupta, Advocate For the Opposite Party :Mr.Anand Mohan Pd Mehta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 307/34 and other allied sections of the Indian Penal Code as well as under section 27 of the Arms Act.

Learned counsel for the petitioner submits that the allegation of firing is against accused Afzal Ansari and the petitioner was only present at the spot. Similarly situated coaccused Fanna Ansari has already been allowed pre-arrest bail by a bench of this Court vide order dated 10.4.2019, passed in Cr.Mis.No. 22739/2019.

Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 the learned Chief Judicial Magistrate, West Champaran at Bettiah in Chainpatia (Sirisiya OP) Police Station Case No. 513 of 2018, on the following conditions:-

Patna High Court CR. MISC. No.81589 of 2019(2) dt.11-12-2019 2/2

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T