Md. Shamim Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42073 of 2018 Arising Out of PS.Case No. -129 Year- 2018 Thana -RAJAULI District- NAWADA ======================================================
1. Md. Shamim Ansari @ Md. Shamim, son of Md. Gulam Mustafa, r/o Kasimotol Giridih, PS Giridih, Post Giridih, Jharkhand
2. Md. Naushad Alam @ Md. Bhaushad, son of Md. Kalim
3. Md. Aslam @ Aslam, son of Md. Kalim
4. Md. Ayub Ansari @ Md. Ayub, son of Mokhtar
5. Mosharraf Alam, son of Rafik, residents of Village Mananpur, PS Rajauli, District Nawada .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rashid Izhar & Mr. Sharad Shekhar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-07-2018 Heard learned Counsel for the petitioners and the State as also the learned Counsel appearing on behalf of the informant. Petitioners, already in custody since 1.5.2018 seek bail in Rajauli PS Case No. 129 of 2018 registered under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 506 of the IPC. The allegation in brief is that all 28 accused persons came armed variously with lathi, danda and sword and started assaulting the informant, his brother and mother, when Rajendra Saw came to their rescue then he was assaulted by sword causing his death.
Learned Counsel for the petitioner submits that there is wild allegation against all 28 persons and it is specifically stated that Rajendra Saw was indiscriminately assaulted by sword by all the accused persons but no injury of sharp cutting weapon was found on the person of the deceased, only two lacerated wounds were found over his head which are said to be caused by hard and blunt object, moreover other 17 accused persons have been admitted to anticipatory bail by a coordinate Bench of this Court vide Cr. Misc.
Patna High Court Cr.Misc. No.42073 of 2018 (2) dt.12-07-2018 No. 40258 of 2018 and the petitioners have no criminal antecedent. Learned Counsel appearing on behalf of the informant opposed the prayer for bail.
Having considered the said facts and circumstances, the petitioners, namely, Md. Shamim Ansari @ Md. Shamim, Md. Naushad Alam @ Md. Bhaushad, Md. Aslam @ Aslam, Md. Ayub Ansari @ Md. Ayub and Mosharraf Alam are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Nawada in connection with Rajauli PS Case No. 129 of 2018. (Arun Kumar, J) Snkumar/- U T