Sajjad Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38241 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- BIRPUR District- Supaul ====================================================== 1.
Sajjad Ansari son of Ishruddin Ansari 2.
Manir Ansari son of Ishruddin Ansari 3.
Anwar Ansari son of Harun Ansari 4.
Hedaitullah Ansari son of Meharullah Ansari All Resident of Village/Mohalla- Parwaha, Ward No. 07, P.S.- Birpur, District- Supaul ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms. Aprajita, Adv.
For the Opposite Party :
Mr. Yogendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-03-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners have filed the instant application for grant of regular bail in connection with Birpur P.S. Case no. 56 of 2020 registered under sections 307, 147, 148, 323, 341, 326, 379 and 506 of the Indian Penal Code.
As per allegation in the F.I.R., the ten named accused persons including the four petitioners herein as also Md. Safik
Patna High Court CR. MISC. No.38241 of 2020(4) dt.16-03-2021 2/3 Ansari @ Safik are stated to have come variously armed. It is stated that Md. Rashid struck with a sword causing injuries to the son of the informant.
It is submitted by learned counsel for the petitioners that from perusal of the FIR itself it transpires that the main allegation is against Md. Rashid who is not one of the petitioners herein. The petitioner nos. 1 and 2 are in custody since 15.06.2020 and the petitioner nos. 3 and 4 are in custody since 23.08.2020. They have no criminal antecedent and their case stands on a similar footing to that of co-accused Md. Safik Ansari @ Safik who has been enlarged on bail vide order dated 22.12.2020 passed in Cr. Misc. No. 34038 of 2020. The application for bail is opposed by learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration that the main allegation of overt-act in the FIR is against Md. Rashid and not the petitioners herein together with the grant of bail to co-accused, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Birpur P.S. Case no. 56 of 2020 on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.38241 of 2020(4) dt.16-03-2021 3/3 of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Birpur, Supaul. (Partha Sarthy, J) shahzad/- U T