Ashraf Ansari @ Asrat Ansari And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.59492 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59492 of 2018 Arising Out of PS.Case No. -44 Year- 2016 Thana -DHAKA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Ashraf Ansari @ Asrat Ansari

2. Ashif Ansari Both sons of Late Kitabul Ansari resident of Village - Yadopur Bakhari (Tola - Tetri), Police Station - Dhaka, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 11.07.2018 in connection with Trial No. 2141 of 2018 arising out of Dhaka P.S. Case No. 44 of 2016 for the offence registered under Sections 147, 148, 149, 447, 506, 323, 324, 307 and 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against these petitioners is that the informant's side was attacked with sharp cutting weapons, namely, Farsa, Garasa and Dabia causing head injury on the informant. It is further submitted that earlier the petitioners were on police bail which was never misused by them and charge sheet

Patna High Court Cr.Misc. No.59492 of 2018 (2) dt.28-09-2018 was submitted under bailable section but the learned court below differing with the final form, has taken cognizance under nonbailable section which has necessitated filing the present bail application. It is further submitted that the Court below did not appreciate the entire facts and circumstances and has rejected the prayer for bail on the premise that the petitioners are now charge sheeted under non-bailable section.

Considering the aforesaid facts and circumstances of the case and that the petitioners have no criminal angtecdents, let the petitioners, 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 Sub Divisional Judicial Magistrate, Sikrahna, Dhaka, East Champaran, Motihari in connection with Trial No. 2141 of 2018 arising out of Dhaka P.S. Case No. 44 of 2016.

(Anjana Mishra, J) Jagdish/- U t