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Saifulla Ansari and Anr. v. The State Of Bihar

Patna HC24 Feb 2014CR. MISC./48063/2013

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioners under Section 438 Cr.P.C. regarding offences under IPC Sections 436, 304, 506, and 34, subject to specific conditions regarding bail bonds, sureties, genealogy affidavits, and attendance for trials.

What did the court decide?

Release on anticipatory bail upon furnishing a bail bond of Rs.5,000/- each with two sureties, subject to specified conditions under Section 438(2) Cr.P.C.

Saifulla Ansari and Anr. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48063 of 2013 ====================================================== 1. Saifulla Ansari, son of Md. Habib Bulla Ansari, resident of villageBaunsi, District- Banka 2. Babli Devi, wife of Subhas Das, resident of village- Dahaua, P.S.Bousi, District- Banka .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vibhakar Kumar, Adv. For the State : Ms. Shain Begum, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 24-02-2014 Heard learned counsel for the Petitioners and the State. The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 436, 304, 506 and 34 of the Indian Penal Code.

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Considering the nature of allegation, it is ordered that in the event of surrender/arrest of the Petitioners, named above who have fair antecedents, within four weeks from the date of receipt/production of a copy of this order in connection with Baunsi P.S. Case No. 50 of 2013, G.R. No. 344 of 2013, they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of Chief Judicial Magistrate, Banka, subject to the

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Patna High Court Cr.Misc. No.48063 of 2013 (2) dt.24-02-2014

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conditions as laid down under Sections 438(2) Cr. P.C. and (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the affidavit shall clearly state that the Petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their 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 Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

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(Anjana Prakash, J)

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S.Ali/-

Saifulla Ansari and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Saifulla Ansari and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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