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Patna High CourtCR. MISC./17570/2021disposed

Rasool Ansari v. The State Of Bihar

2022-01-07Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17570 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

RASOOL ANSARI S/O LATE NABI ANSARI R/O VILLAGE HATHAURI, P.S. HUSSAINGANJ, DISTRICT SIWAN 2.

MD. USMAN @ MAHAMMAD USMAN S/O RASOOL MIAN @ RASOOL ANSARI R/O VILLAGE HATHAURI, P.S. HUSSAINGANJ, DISTRICT SIWAN 3.

MANZAR IMAM S/O AMIN ANSARI R/O VILLAGE HATHAURI, P.S. HUSSAINGANJ, DISTRICT SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-01-2022 Heard Mr. Javed Aslam, the learned counsel for the petitioners and the learned APP for the State. Mr. Aslam seeks permission to withdraw the petition with respect to the petitioner no. 1, who has left for heavenly abode during the pendency of this petition. This application with respect to the petitioner no. 1/Rasool Ansari is dismissed as having become infructuous. The petitioners nos. 2 and 3 seek bail in anticipation of their arrest in connection with Hussainganj P.S. Case No. 173 of 2020 instituted for the offence under

Patna High Court CR. MISC. No.17570 of 2021(2) dt.07-01-2022 2/3 Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

Several persons have been made accused in this case but the petitioner nos. 2 and 3 are said to have assaulted the informant by means of sword. But the injury suffered by the informant is opined to have been caused by hard and blunt substance and the nature of such injury has been reported to be simple.

There is a counter version of the occurrence as well.

The F.I.R. has been lodged after about a day of the occurrence.

Considering the afore-noted facts, the petitioner nos. 2 and 3 are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -XIII, Siwan, in connection with

Patna High Court CR. MISC. No.17570 of 2021(2) dt.07-01-2022 3/3 Hussainganj P.S. Case No. 173 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T