← Library
Patna High CourtCR. MISC./3795/2016bail granted

Shamim @ Shmim Ansari And ORS. v. The State Of Bihar

2016-01-25Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3795 of 2016 Arising Out of PS.Case No. -204 Year- 2015 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Shamim @ Shmim Ansari Son of Sayeed Ansari

2. Haroon Ansari son of Late Asghar Ansari

3. Md. Aurenzeb @ Aurenzebe Ansari son of Sahab Ansari

4. Amin @ Amin Ansari Son of Sayeed Ansari

5. Zibrail Ansari @ Zibra Ansari Son of Shahbaz Ansari

6. Md. Afroz Ansari @ Afroz Ansari Son of Late Mohan Ansari

7. Murshid Ansari Son of Late Rasool Ansari

8. Md. Mojahid Ansari @ Mojahid Ansari Son of Sayeed Ansari

9. Waizul @ Baijal Ansari Son of Allauddin Hazi

10. Md. Sarfraz Ansari @ Sarfaraz Ansari Son of Murshid Ansari

11. Md. Iftekhar Ansari @ Iftekhar Ansari Son of Iqbal Ansari

12. Afsar Ansari Son of Razaque Ansari

13. Munna Ansari @ Md. Ziaur Rahman Son of Tabarak @ Paltu Ansari All are resident of Village - Radha Nagar, P.S. - Shahkund (Sajaur), District - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Atiullah For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 25-01-2016 Heard learned counsels for the petitioners and the State.

Patna High Court Cr.Misc. No.3795 of 2016 (2) dt.25-01-2016 2/3 The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 323, 307, 337, 338, 504 and 506 of the Indian Penal Code.

The prosecution case is that one boy Nabi Hassan Son of Mubarak Ansari cracked fire cracker upon which the informant made protest when the petitioner Tabarak @ Paltu Ansari abused and assaulted the informant when the informant tried to flee away all the FIR named 14 accused persons including the petitioners and 40-50 unknown chased and pelted bricks as a result the informant received injury when Inder Sah, Vashisth Narayan Sharma and Rajiv Choudhary came to rescue the informant they also received injuries.

It is submitted by learned counsel for the petitioners that for the petty dispute the accusation has been levelled and accusation of pelting bricks is omnibus and general. It is further submitted that the injuries have been found to be simple.

Considering the accusation being omnibus and general against mob and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on

Patna High Court Cr.Misc. No.3795 of 2016 (2) dt.25-01-2016 3/3 anticipatory bail, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Bhagalpur in connection with Shahkund (Sajor) P.S. Case No. 204 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T