Rahman Ansari @ Rahman Mian And ANR. v. The State Of Bihar
Patna High Court Cr.Misc. No.48545 of 2014 (2) dt.20-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48545 of 2014 Arising Out of PS.Case No. -103 Year- 2014 Thana -MASRAKH District- SARAN ======================================================
1. Rahman Ansari @ Rahman Mian S/o Late Phool Mohamad Ansari Resident of Village Mathia, P.S. Masrakh, District-Saran.
2. Aliyas Ansari S/o Samsul Ansari Resident of Village Mathia, P.S. Masrakh, District- Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Kishore Singh For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-02-2015 Heard the learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners namely, Rahman Ansari @ Rahman Mian and Aliyas Ansari are in custody since 24.06.2014 in Masrakh P.S. Case No.103 of 2014 under Section 302/120(B) besides other minor Sections of I.P.C.
The learned counsel for the petitioners submitted that the allegation of assault by butt of Rifle is against Rahman Ansari @ Rahman Mian and the co-accused Bhikhar Rai. The said coaccused, Bhikhar Rai has already been granted bail by this Court in Cr. Misc. No.3640 of 2015 on 28.01.2015.
So far other petitioner, Aliyas Ansari is concerned, the
Patna High Court Cr.Misc. No.48545 of 2014 (2) dt.20-02-2015 learned counsel submitted that there is no overt act assigned to the petitioner no.2. Therefore, the learned counsel submitted that when the accused against whom, there is allegation of assault have already been granted bail why the petitioner no.2 against whom, there is no allegation should be remained in jail custody. Considering the above facts and circumstances of the case, I direct that both the above named petitioners be released on bail on furnishing bail bond of Rs.10,000(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge, Saran in connection with Masrakh P.S. Case No.103 of 2014. (Mungeshwar Sahoo, J) Saurabh/- U T