Ahad Hussain @ Ahad Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28989 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -GURUA District- GAYA ======================================================

1. Ahad Hussain @ Ahad Ansari

2. Md. Nasim @ Naseem Ansari, both sons of Serajuddin Ahmad

3. Serajuddin Ahmad @ Serajuddin Ansari, son of Late Abdul Gafur, all residents of village - Itahari, P.S.- Gurua, District- Gaya. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in connection with a case registered under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

Allegation in brief is that to settle some dispute a panchayati was going on between both sides and in the process petitioner no.1 stabbed repeatedly on the abdomen of Md. Anul and subsequently, Md. Nasim gave single knife blow in the abdomen of Md. Gyas Ansari, husband of the informant and caused grievous injury and petitioner no.3, Serajuddin, father of petitioner no.2 abused them.

Learned counsel for the petitioners submits that there are three stab injuries but the injuries are simple because no final opinion in this regard has been given by the doctor and Md. Gyas

Patna High Court Cr.Misc. No.28989 of 2017 (2) dt.01-07-2017 2/2 suffered only one injury and as far as petitioner no.3, father of the other two petitioners is concerned, there is no allegation of assault against him.

Having considered the said facts and circumstances, as well as stab injuries inflicted by petitioner nos.1 and 2, I am not inclined to enlarge them on anticipatory bail. The prayer for anticipatory bail of petitioner nos.1 and 2, namely, Ahad Hussain @ Ahad Ansari and Md. Nasim @ Naseem Ansari is rejected.

So far as petitioner no.3, namely, Serajuddin Ahmad @ serajuddin Ansari is concerned, there is no specific allegation of assault against him and has got no criminal antecedent, so in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner no.3, namely, Serajuddin Ahmad @ Serajuddin Ansari be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri G.N. Dubey, Judicial Magistrate, Ist Class, Sherghati, Gaya in connection with Gurua P.S. Case No.13 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Arun Kumar, J) N.H./- U T