Md. Usman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37226 of 2019 Arising Out of PS. Case No.-212 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.

MD. USMAN ANSARI, aged 45 years, male, Son of Late Yakub Ansari Resident of Village- Bansbari, Ward No. 10, P.S. and District- Araria. 2.

Md. Suleman Ansari, aged 40 years, male, Son of Late Yakub Ansari Resident of Village- Bansbari, Ward No. 10, P.S. and District- Araria. 3.

Md. Najir Ansari, aged 30 years, male, Son of Late Yakub Ansari Resident of Village- Bansbari, Ward No. 10, P.S. and District- Araria. 4.

Md. Fakhruddin Ansari, aged 31 years, male, Son of Late Yakub Ansari Resident of Village- Bansbari, Ward No. 10, P.S. and District- Araria. 5.

Md. Ajhar Ansari, aged 23 years, male, S/O Usman Ansari Resident of Village- Bansbari, Ward No. 10, P.S. and District- Araria. 6.

Najmun Ara, aged 23 years, female, W/O Md. Ajhar Ansari Resident of Village- Bansbari, Ward No. 10, P.S. and District- Araria. 7.

Samdani Ansari, aged 20 years, male, S/O Nasim Ansari Resident of Village- Bansbari, Ward No. 10, P.S. and District- Araria. 8.

Sabbir Ansari, aged 25 years, male, S/O Late Muslim Ansari Resident of Village- Bansbari, Ward No. 10, P.S. and District- Araria. 9.

Md. Jahangir Ansari, aged 22 years, male, S/O Late Muslim Ansari Resident of Village- Bansbari, Ward No. 10, P.S. and District- Araria. 10.

Bibi Koashar, aged 35 years, female, W/O Md. Suleman Ansari Resident of Village- Bansbari, Ward No. 10, P.S. and District- Araria. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Mukesh Kumar Rana, Advocate.

For the Opposite Party:

Mr. Satya Nand Shukla, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 379, 354B, 506 and 504 of the Indian Penal Code registered in connection with Araria P.S. Case No. 212 of 2019.

3. It is submitted that the petitioners have been falsely implicated and in any event the injuries are simple in nature. The accusations under Section 354B IPC and Section 379IPC are

Patna High Court CR. MISC. No.37226 of 2019(2) dt.19-06-2019 2/2 general and omnibus in nature and have been included as mere embellishment. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 212 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner nos. 6 and 10 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present and petitioner nos. 1 to 5 and 7 to 9 shall be physically present in Court on each and every date, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

Ibrar//- (Vikash Jain, J) U