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Patna High CourtCR. MISC./32576/2022bail granted

Vikash Kumar v. The State Of Bihar

2022-09-19Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35778 of 2022 Arising Out of PS. Case No.-360 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

IMTEYAZ ANSARI S/O ANUL HAK ANSARI Resident of Village- Biear Bandh, P.S.- Sheosagar, District- Rohtas.

2.

MD ANI ANSARI @ AAHI ANSARI S/O ANUL HAK ANSARI Resident of village- Biear Bandh, P.S.- Sheosagar, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Murari Mishra For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2022 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 324 302 and 504 read with 34 of the Indian Penal Code. As per the prosecution case, the accused persons entered the house of the informant and started assaulting the informant and also committed theft of Rs. 20,000/- in cash, a golden chain and other articles. The further allegation is that the

Patna High Court CR. MISC. No.35778 of 2022(2) dt.19-09-2022 2/3 12 accused persons gave garasa blow on the head of the informant which resulted into injury and the informant became unconscious and thereafter his son took him to the hospital for treatment. The injured person, namely, Md. Unis Ansari gave fardbeyan which resulted into the lodging of the F.I.R. The informant subsequently succumbed to the injuries. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. There is general and omnibus allegation against the petitioner. The other co-accused persons have already been granted bail by the Co-ordinate Bench vide order dated 11.08.2022 passed in Criminal Misc. No. 25436 of 2022. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 27.11.2021 as stated at para 10 of the bail petition.

Learned A.P.P. for the State has opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case , the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.35778 of 2022(2) dt.19-09-2022 3/3 each to the satisfaction of learned Court below, Rohtas, in connection with Shivsagar P.S. Case No. 360 of 2020. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U