Sultan Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52039 of 2018 Arising Out of PS. Case No.-171 Year-2018 Thana- MASHRAK District- Saran ======================================================

1. Sultan Ansari, S/o Late Hadish Ansari,

2. Quyamuddin Ansari @ Kayamuddin Ansari S/o Late Islam Ansari,

3. Ashraf Ansari S/o Kayamuddin Ansari,

4. Amiruddin Ansari S/o Jajrat Ansari, All are R/o Vill.- Sonauli, P.S.- Mashrakh, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor on behalf of the State. This application for anticipatory bail arises out of Mashrakh P.S. Case No. 171/2018 for the offence under Sections 341, 323, 324, 307, 147, 149 and 504 of the Indian Penal Code.

There are four petitioners who have filed this application for anticipatory bail. One of them, namely, Ashraf Ansari, petitioner no. 3, has been arrested during the pendency of the application. This application to the extent it relates to petitioner no. 3, thus, stands dismissed as having become infructuous.

There are altogether 09 persons named in the F.I.R., who are said to have assaulted the informant and others.

Patna High Court Cr.Misc. No.52039 of 2018(2) dt.28-09-2018 2/2 Learned counsel for the petitioner contends that the allegation is general and omnibus and injuries on the informant and others have been generally found to be simple in nature. Considering the submission that allegation of assault is general and omnibus and the petitioners have no criminal antecedent, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on 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 A.C.J.M. VIth Saran at Chapra in connection with Mashrakh P.S. Case No. 171 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/Ragini U