Patna High CourtCR. MISC./6033/2016bail granted

Md. Sahmad Ansari And ORS v. The State Of Bihar

2016-02-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6033 of 2016 Arising Out of PS.Case No. -170 Year- 2015 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Md. Sahmad Ansari son of Zamir Ansari

2. Md. Saukat Ansari son of Muddin Ansari

3. Hasmat Ansari @ Md. Hasmat Ansari son of Muddin Ansari

4. Jamil Ansari @ Md. Jamir Ansari son of Late Jan Mohammad

5. Md. Subham Ansari son of Zamir Ansari All residents of village - Momin Tola Ward No. 2, Shivpuri, Police Station - Kishanpur, District - Supaul. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s : Mr. Harendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Kishanpur P.S. Case No. 170/2015, disclosing offences under sections 147, 148, 149, 341, 323, 307, 379, 447 of the Indian Penal Code.

Learned counsel for the petitioners submits that the land dispute between the informant and the accused Md. Muddin is the reason behind institution of the present case. In any event, he submits that no specific assault has been attributed to these petitioners and the allegations against them are general and omnibus.

Patna High Court Cr.Misc. No.6033 of 2016 (2) dt.24-02-2016 Upon perusal of the First Information Report, I find substance in the submissions made on behalf of the petitioners. This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, 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 Chief Judicial Magistrate, Supaul in Kishanpur P.S.Case No. 170/2015, subject to the conditions as laid down under sections 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) Surendra/- U