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Patna High CourtCR. MISC./21644/2023dismissed

Md. Idris @ Idris Ansari @ Md. Idris Ansari v. The State Of Bihar

2023-05-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21644 of 2023 Arising Out of PS. Case No.-103 Year-2020 Thana- GAMAHARIYA District- Madhepura ====================================================== 1.

MD. IDRIS @ IDRIS ANSARI @ MD. IDRIS ANSARI Son of Md. Ahmed R/V- Babhani, P.S- Gamhariya Dist- Madhepura 2.

Md. Ashfaque @ Soma Son of Md. Idris @ Idris Ansari @ Md. Idris Ansari R/V- Babhani, P.S- Gamhariya Dist- Madhepura ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupesh Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-05-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

Let the defect(s), if any, be removed within a period of four weeks from today.

This application is filed for grant of regular bail in connection with Gamhariya P.S. Case No. 103 of 2020 registered under sections 323, 324, 341, 147, 148, 149, 354, 504, 506, 302 of the Indian Penal code.

Learned counsel for the petitioners submits that petitioner no. 1 Md. Idris is 77 years old. He also submits with regard to petitioner no. 2 that in trial the informant has not fully supported the allegation against the petitioner no. 2 and also they are in custody since 07.12.2022 and 14.11.2022. Considering the period of custody and the nature of

Patna High Court CR. MISC. No.21644 of 2023(2) dt.22-05-2023 2/2 allegation levelled against the petitioner, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Madhepura in connection with Gamhariya P.S. Case No. 103 of 2020.

The petitioner will visit Gamhariya police station on the every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

So far as the petitioner no. 2, Md. Asfaq @ Soma is concerned, he has assaulted the deceased with a rod on his head. In these circumstances, the bail application of Md. Asfaq @ Soma is rejected.

The Court below is directed to expedite the trial as early as possible (Sandeep Kumar, J) Sunnykr/- U T