Jubair Alam @ Jubair Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20264 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================
1. Jubair Alam @ Jubair Ansari , Son of Afsar Ansari.
2. Afsar Alam @ Afsar Ansari , Son of Late Gaffar Ansari.
3. Ehsan Ahmad @ Ehsan Ali, Son of Chhote Mian.
4. Safayat Hussain Ansari @ Safayat Hussain, Son of Late Fida Hussain.
5. Md. Hussain @ Mohammad Ali @ Md. Minhaz Ansari @ M. Hussain, Son of Safayat Hussain.
6. Shamsad Ali , Son of Sayed Ali.
7. Safi Akhtar @ Bechu Ali, Son of Asghar Ali.
8. Shamshad Ali, Son of Rustam Ansari.
9. Md. Basir @ Basir Mian, Son of Fazal Mian.
10. Amir Hamza @ Ameer Mian, Son of Baccha Mian.
11. Md. Musa @ Musa Mian , Son of Futani Ansari, All are Residents of Village- Mahuwan, P.S.- Kuchikot, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-06-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
After some arguments, learned counsel for the petitioners seek withdrawal of the instant petition against petitioner nos. 1 and 3.
Permission is accorded.
Anticipatory bail application against petitioner nos. 1 and 3 is dismissed as withdrawn with a liberty that petitioner nos. 1 and 3 may approach
Patna High Court Cr.Misc. No.20264 of 2017 (2) dt.06-06-2017 2/3 the court below for grant of regular bail. In the event, such application is filed on their behalf, the court below will consider the case on its own merit including the fact that parties have already entered into a compromise.
So far petitioner nos. 2 and 4 to 11 are concerned, it appears that they are apprehending their arrest in connection with Kuchaikote PS case no. 19 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 337, 338, 307, 427, 435, 504, 506 of Indian Penal Code. From perusal of FIR, it appears that omnibus allegations have been leveled against the aforesaid petitioners and no specific overt act has been attributed against them. In Cr.Misc. no. 11579 of 2017 vide order dated 09.05.2017, this Hon'ble Court was pleased to grant anticipatory bail to the similarly situated accused Abrar Ali.
In above view of the matter and considering the fact that the similarly situated accused Abrar Ali has already been granted anticipatory bail, let the petitioners, in the event of their arrest or surrender within four weeks from the date of receipt/ production of a copy of this order, be released on bail on their furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief
Patna High Court Cr.Misc. No.20264 of 2017 (2) dt.06-06-2017 3/3 Judicial Magistrate, Gopalganj or successor Court in Kuchaikote PS case no. 19 of 2017 subject to the conditions enumerated under Section 438(2) of Code of Criminal Procedure. (Anil Kumar Upadhyay, J.) rinkee/- U T