Patna High Court - Orders
Abdul Wahid @ Mintu Ansari vs The State Of Bihar on 22 February, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5121 of 2013
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Abdul Wahid @ Mintu Ansari, Son Of Late Kasim Ansari, Resident Of
Village - Biseni Khurd, P.S. - Nasriganj, District - Rohtas
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Laxmi Narayan Das, Adv.
For the State : Mr. Khurshid Anwar, A.P.P.
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
2 22-02-2013Heard learned counsel for the Petitioner and the State.
The Petitioner seeks bail in a case instituted for the offence under Sections 302, 120B, 34 Indian Penal Code and Section 27 of the Arms Act.
Considering that subsequently the Petitioner was linked circumstantially with the present occurrence for which he is in custody since 6.10.2012 and has no criminal antecedent, let the Petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Sub Divisional Judicial Magistrate, Dehri, Rohtas, in connection with Dehri P.S. Case No. 312 of 2012 subject to the following conditions: (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit Patna High Court Cr.Misc. No.5121 of 2013 (2) dt.22-02-2013 2/2 giving genealogy as to how he is related with the Petitioner and the other shall be the brother of the Petitioner namely, Mumtaz Ansari. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
The fact that the Petitioner has fair antecedent will be verified by the Magistrate before releasing him on bail.
(Anjana Prakash, J) S.Ali