Qyamuddin Ansari @ Qyamuddin @ Kayamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31407 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== 1.

QYAMUDDIN ANSARI @ QYAMUDDIN @ KAYAMUDDIN Son of Late Mustaque Ansari.

2.

Neyaz Ansari Son of Qyamuddin Ansari @ Qyamuddin @ Kayamuddin. 3.

Azaharuddin Ansari @ Azaruddin Ansari Son of Qyamuddin Ansari @ Qyamuddin @ Kayamuddin all are Resident of Village- Semara Purab Tola, P.S.- Gopalganj, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 341, 342, 323, 324, 325, 307, 302/34 of the Indian Penal Code.

Allegation against the petitioners is that they along with co-accused have assaulted the entire family members with deadly weapons due to which the daughter of the informant succumbed to the injury during course of treatment at Gorakhpur.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.31407 of 2019(3) dt.05-07-2019 2/3 they are innocent, bear no criminal antecedent and have been falsely implicated in the aforesaid case. He submits that there is specific allegation against Irshad Ansari who gave khanti blow on the head of the informant's daughter who later on died. He further submits that there is no specific allegation against the petitioners to assault the deceased. The injury is found to be simple in nature. The petitioners are in judicial custody since 25.03.2019.

In the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town Police Station Case No. 64 of 2019, subject to the conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.31407 of 2019(3) dt.05-07-2019 3/3 reasons, their bail bond shall be cancelled by the court below. (III) If the 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. (Anjani Kumar Sharan, J) devendra/- U T