Siraj Ansari @ Seraj Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40904 of 2017 Arising Out of PS.Case No. -833 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================
1. Siraj Ansari @ Seraj Ansari, Son of Islam Ansari,
2. Jafir Ansari, son of Late Moharam Ansari,
3. Avid Ansari, Son of Diljan Ansari,
4. Santosh Sah, Son of Bharat Sah,
5. Ekbal Ansari, Son of Faiyaz Ansari, null
6. Kalim Ansari, Son of Faiyaz Ansari, null
7. Shamim Ansari alias Samim Ansari, Son of Faiyaz Ansari, All resident of Village- Durgapur, P.S.- Sasaram (M), District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Sasaram (M) P.S. Case No. 833/2017 instituted for the offences under Sections 341, 323, 325, 354, 307, 504 and 506/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that there is case and counter case between the parties. Co-accused Diljan Ansari lodged F.I.R. against the informant and others bearing Sasaram (M) P.S. Case No. 832/2017.
It has further been submitted that the injuries on the
Patna High Court Cr.Misc. No.40904 of 2017 (2) dt.04-09-2017 2/3 person of the informant are simple in nature. So far as the injury with respect to the son of the informant is concerned, the opinion of one of the injuries is kept reserved.
There is allegation in the written report that the petitioner along with other accused persons assaulted the informant and his son with iron rod, lathi etc., on their head and other parts of body. The injury report of the informant and his son is annexed as Annexure-2, wherein, doctor has found that the injuries on the person of the informant are simple in nature. The other injury on the person of son of the informant is also simple in nature, but the opinion is kept reserved with respect to one of the injuries.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Sasaram (M) P.S. Case No. 833/2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having
Patna High Court Cr.Misc. No.40904 of 2017 (2) dt.04-09-2017 3/3 sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J.) Rakhi U T