Shamsuddin Ansari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4826 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -MATIARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Shamsuddin Ansari, Son of Late Ramjan Ansari,
2. Shamim Ansari, Son of Jajul Ansari, Both are Resident of villageDaraul Khekhariya Tola, Police Station- Matiara, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Kishun Prasad, Advocate For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 Heard the parties.
This application has been filed in connection with Matiyaria P.S. Case No. 33 of 2016 for the offence under Sections 323, 341, 308, 427 and 504 of the Indian Penal Code.
It is submitted on behalf of the petitioners that occurrence took place on the very trivial issue for transfer of the Ration Card and allegation against the petitioner No. 1 is that he assaulted by torch and causing simple injury and against the petitioner No. 2 there is no allegation.
Heard learned A.P.P. also.
Having heard both sides. In view of the allegation that the injury is simple in nature, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of
Patna High Court Cr.Misc. No.4826 of 2017 (2) dt.14-02-2017 2/2 Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Bettiah, West Champaran in connection with Matiyaria P.S. Case No. 33 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police otherwise the prosecution is free to move for cancellation of their bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) Vats/- U T