Kyub Ansari @ Md. Qayum @ Md. Feku @ Feku Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1157 of 2023 Arising Out of PS. Case No.-361 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== 1.

Kyub Ansari @ Md. Qayum @ Md. Feku @ Feku Miyan Son Of Late Buyan Miyan @ Late Budhan Miyan R/O Village- Sherpur, P.O.- Chattubag, P.S.- Chandauti, District- Gaya 2.

Kallu Ansari @ Rustam Ansari Son Of Kyub Ansari @ Md. Feku @ Feku Miyan R/O Village- Sherpur, P.O.- Chattubag, P.S.- Chandauti, DistrictGaya 3.

Md. Mustkim Son Of Kyub Ansari @ Md. Feku @ Feku Miyan R/O Village- Sherpur, P.O.- Chattubag, P.S.- Chandauti, District- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Gayatri Devi Wife Of Ramanuj Sapera R/O Village- Sherpur, P.O.- Chattubag, P.S.- Chandauti, District- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Jai Prakash Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the appellants and learned Special P.P for the State.

The appellants have challenged the order dated 31.01.2023 passed by learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Chandauti P.S. Case No. 361 of 2022 instituted for the offences punishable under Sections 341, 323, 379, 504/34 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of the

Patna High Court CR. APP (SJ) No.1157 of 2023(3) dt.04-05-2023 2/3 SC/ST Act whereby his prayer for being released on bail has been rejected.

It is a case of assaulting to the informant's side and abusing by calling caste name.

It is submitted by learned counsel for the appellants that appellants are innocent and they have falsely been implicated in this case. The appellants are neighbours of the informant and in the background of previous land dispute, the accusation has been levelled against the appellants. There is general and omnibus allegation against the appellants. There is no injury report on record. As per F.I.R, the occurrence did not take place in public view. The appellants are in custody since 16.01.2023. A statement has been made in para 3 of the petition that appellants have clean antecedent. Learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the appellants.

Taking into account the aforesaid facts, this

Patna High Court CR. APP (SJ) No.1157 of 2023(3) dt.04-05-2023 3/3 Court deems it appropriate to set aside the order dated 31.01.2023.

Accordingly, this appeal is allowed.

The appellants, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Chandauti P.S. Case No. 361 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T