Tauheed Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9884 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Tauheed Ansari, son of Azimuddin Ansari, Resident of village- Biura, Police Station- Shivsagar (Baddi O.P), District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr.Advocate : Mr. Sajid Salim Khan, Advocate For the Informant : Mr. Sanjay Kumar Tiwary, Advocate For the State : Dr. Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-04-2015 Heard the learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 342, 323, 379 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code was added. The allegation is that the petitioner and four others assaulted the informant and snatched his golden chain from his neck. It is submitted that there is no specific allegation of overt act against the petitioner. From perusal of the injury report, it appears that the informant had abrasion on cheek, forehead and pain in chest and low back and he was advised for X-ray. During treatment, the informant died. From perusal of the post mortem examination report, it appears that the deceased died due to intestinal obstruction. The petitioner has no criminal antecedent.

Submission of other side is that due to assault made by the

Patna High Court Cr.Misc. No.9884 of 2015 (2) dt.24-04-2015 2/2 accused including the petitioner, the informant died. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in Shivsagar (Baddi OP) P.S. Case No.20 of 2015 with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T