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Patna High Court - Orders

Md. Altab Ansari @ Md. Altaf Ansari And ... vs The State Of Bihar on 21 February, 2019

Author: Vinod Kumar Sinha

Bench: Vinod Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.1743 of 2019
                       Arising Out of PS. Case No.-74 Year-2018 Thana- PRANPUR District- Katihar
              ======================================================
           1. MD. ALTAB ANSARI @ MD. ALTAF ANSARI and ORS Late Dhodhai
              Ansari Resident of village Khangama, P.S Azamnagar, Dist- Katihar
           2. Asraf Ali Ansari Late Chhakku Ansari Resident of village Khangama, P.S
              Azamnagar, Dist- Katihar
           3. Sk. Wazir Late Sk. Nanki Resident of village Jokar P.S- Azamnagar, Dist-
              Katihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Syed Mojibur Rahman
                 For the Opposite Party/s :       Mr.Sri Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                                       ORAL ORDER

3   21-02-2019

At the very outset learned counsel for the petitioners submits that he is not pressing the application of petitioner Nos. 1 and 3 and as such, the prayer for bail of the petitioner Nos. 1 and 3 is accordingly dismissed as withdrawn.

Heard learned counsel for the petitioners and learned A.P.P. The petitioner No. 2 seeks anticipatory bail in connection with Pranpur P.S.Case No. 74 of 2018, registered for offences punishable under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Pena Code.

Allegation as per F.I.R. against the petitioners is Patna High Court Cr.Misc. No.1743 of 2019(3) dt.21-02-2019 2/3 that the accused persons including the petitioner No. 2 brutally assaulted him with iron rod, causing leg of the informant fractured.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and there is no any specific allegation against the petitioner No. 2 and the petitioner has clean antecedent.

Learned A.P.P. opposes the prayer for bail. Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner No. 2, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Pranpur P.S.Case No. 74 of 2018 ( G.R. No. 2366 of 2018), to the satisfaction of learned Additional Chief Judicial Magistrate, Katihar, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before police as and when required, Patna High Court Cr.Misc. No.1743 of 2019(3) dt.21-02-2019 3/3 otherwise prosecution is at liberty to move for cancellation of his bail bonds.

Accordingly, this application is disposed of.

(Vinod Kumar Sinha, J) sudha/-

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