Rahmat Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42924 of 2014 Arising Out of PS.Case No. -30 Year- 2014 Thana -SIKARHATA District- BHOJPUR ======================================================

1. Rahmat Ansari, son of Mohamad Ansari.

2. Mohamad Ansari, son of Bihari Ansari.

3. Anwar Ansari @ Rinku, son of Manjur Ansari. All resident of Village- Harila, P.S. Sikarhatta, District- Bhojpur at Ara (Bihar).

.... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr. Manoj Kumar, Advocate. For the State : Mr. Kalayan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 22-01-2015 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are in custody since 04.04.2014 in a case registered for the offence punishable under Sections 341, 342, 448, 504, 323, 324, 325, 307 and 379/34 of the Indian Penal Code. Allegation against these petitioners is to have entered into the house of the informant and assaulted the inmates of the house. It is submitted that injury report shows that injuries are simple in nature and both parties are neighbours and due to altercation, the occurrence took place. After investigation charge sheet has been submitted and there is no chance of tampering with the evidence.

Learned counsel for the State however contends that petitioners have assaulted the family members of the informant by

Patna High Court Cr.Misc. No.42924 of 2014 (3) dt.22-01-2015 entering into the house of the informant.

Considering the facts and circumstances of this case, the above-named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Arrah, in Sikarhatta P.S. Case No 30 of 2014 after framing of the charge with the following conditions :

1.

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

2.

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

3.

The petitioners 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, their bail bond will be liable to be cancelled by the court concerned m.p.

(Amaresh Kumar Lal, J) U T