Mazhar Ansari @ Majhar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1875 of 2022 Arising Out of PS. Case No.-125 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== 1.
MAZHAR ANSARI @ MAJHAR ANSARI Son of Vajul Miyan Resident of Village - Sirahi, P.s.- Riga, Distt.- Sitamarhi. 2.
SARFRAZ ANSARI @ FRAZ ANSARI Son of Lal Mohamad Ansari @ Lalu Ansari Resident of Village - Sirahi, P.S.- Riga, Distt.- Sitamarhi. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ayush Kumar, Adv.
For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2022 Heard counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek regular bail in connection with Riga P.S. Case No. 125 of 2020 lodged under Sections 341, 323, 302,504,506/34 of the Indian Penal Code, 1860 As per the F.I.R., the allegation against the petitioners is that they have assaulted the father of the informant alongwith three others.
Learned counsel for the petitioners submits that allegation of assault upon the petitioners is correct. But simultaneously he argued that the first blow was made on the head of the deceased by accused Lallu Ansari whereas the
Patna High Court CR. MISC. No.1875 of 2022(2) dt.07-06-2022 2/3 allegation of assault was made against the petitioners and another accused namely, Bazul Miyan to assault by lathi but it is no where mentioned that whether they have assaulted on any part of the body. He further submits that two other co-accused persons have been granted bail vide order dt. 24.03.2021 in Cr. Misc. No. 546 of 2021 (Annexure-II of the present petition), in the said order it has been observed by the Court that there was only one injury on the head of the deceased as per post mortem report.
Learned A.P.P. has opposed the prayer for bail. Considering the facts and circumstances of the case that there is general and omnibus allegation against the petitioners, petitioners have clean antecedent and petitioner no.1 is in custody since 13.08.2021 whereas petitioner no.2 is in custody since 07.09.2021, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 125 of 2020. (Dr. Anshuman, J) ravishankar/- U T
Patna High Court CR. MISC. No.1875 of 2022(2) dt.07-06-2022 3/3