← Library
Patna High CourtCR. MISC./63433/2017allowed

Shahabuddin Ansari And ORS v. The State Of Bihar

2018-02-15Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63433 of 2017 Arising Out of PS. Case No.-129 Year-2017 Thana- PANAPUR District- Saran ======================================================

1. Shahabuddin Ansari Son Of Rahman Ansari.

2. Yunus Ansari, son of Kadir Ansari.

3. Jamil Ansari, son of Kadar Ansari.

4. Farjan Ansari, son of Gyasuddin Ansari.

5. Tazmuddin @ Tazmuddin Ansari, son of Satar Miyan.

6. Saifuddin Mian, son of Sabebarati Miyan.

7. Hazari Miyan, son of Gafur Miyan.

8. Juman @ Juman Miyan, son of Sampati Miyan.

9. Saheb Husain, son of Taiza Miya.

10. Md. Karim @ Karim Miyan, son of Khalil Miyan. 11.Md. Halim @ Halim Miyan, son of Khalil Miyan.

12. Md. Naseem @ Naseem Ansari, son of Halim Miyan.

13. Md. Nayeem @ Nayeem Miyan, son of Khalil Miyan.

14. Serajul Alam @ Serajuddin, son of Babujan

15. Taslim Miyan @ Kasmir Miyan, son of Jakir Miyan.

16. Firoj Alam, son of Kalamuddin.

17. Muslim Miyan, son of Jakir Husain @ Jakir Miyan.

18. Md. Merajuldin @ Merajuddin Miyan @ Merajuddin, son of Magaljan Miyan.

19. Azad Mahammad, son of Nazruddin Miyan.

20. Md. Kasim @ Kasim Miyan, son of Tiza Miyan.

21. Md. Ramjan @ Ramjan Miyan son of Sahrdin Miyan. All resident of Village- Bankawan, P.O.- Rasauli, P.S.- Panapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Panapur P.S. case no. 129 of 2017 instituted for the offence under Section(s) 147,

Patna High Court Cr.Misc. No.63433 of 2017(3) dt.15-02-2018 2/3 148, 149, 341, 323, 307, 295, 295-A, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners. It is alleged in the written report that on the occasion of immersion of idol of goddess Durga altercation took place in which it is alleged that these petitioners along with other accused persons caused obstruction in official duty and also assaulted the persons who were going for immersion of the idol of goddess Durga.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above in connection with Panapur P.S. case no. 129 of 2017, corresponding to G.R. No. 6901 of 2017, within six weeks from today in connection with, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-IV, Saran At Chapra, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall

Patna High Court Cr.Misc. No.63433 of 2017(3) dt.15-02-2018 3/3 cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T