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Patna High CourtCR. MISC./12595/2019bail granted

Rustam Ansari v. The State Of Bihar

2019-05-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12595 of 2019 Arising Out of PS. Case No.-346 Year-2017 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Rustam Ansari, Son of Muslim Ansari, Resident of village - Khanaon, Police Station - Bhabua, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangha Mitra Ghosh For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

There is general and omnibus allegation of firing which caused injury to the informant as well as to the son of the informant. During treatment, son of the informant died. Submission is that similarly situated some other coaccused have been allowed bail by different Coordinate Benches of this Court vide order at Annexure 3, 4 and 5. Learned counsel for the informant opposed the prayer for bail on the ground that co-accused Muslim Ansari has been refused bail by a Bench of this Court vide order dated 09.07.2018 passed in Cr. Misc. No. 31393 of 2018 against

Patna High Court CR. MISC. No.12595 of 2019(4) dt.08-05-2019 2/2 whom allegation was of causing injury at the hand of the deceased with firearm. Petitioner is in custody since 16.06.2017. Considering the entire facts of this case and period already undergone by the petitioner, especially, general and omnibus allegation against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 353 of 2017/355 of 2017 arising out of Bhabua Police Station Case No. 346 of 2017, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T