Shamshul Qamar Khan And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48419 of 2014 Arising Out of PS.Case No. -211 Year- 2014 Thana -BARGANIA District- SITAMARHI ====================================================== Ziyaul Ansari & Ors.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.48863 of 2014 Arising Out of PS.Case No. -211 Year- 2014 Thana -BARGANIA District- SITAMARHI ====================================================== Shamshul Qamar Khan & Ors.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.48419 of 2014) For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Upendra Kumar(A.P.P.) (In Cr.Misc. No.48863 of 2014) For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. Dilip Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.
Cr. Misc. No.48419 of 2014 wherein Ziyaul Ansari, Md. Minahjul Ansari, Sarafat Ansari, Khelafat Ansari, Md. Naushad Khan, Nabi Alam, Nazre Alam, Sarfraj Ansari, Tabrez Ansari, Maksood Ansari, Mamul Ansari, Akbar Khan, Jalaluddiin Ansari, Naseer Khan, Majbullah Sah, Serajul Sah, Hafeez Ansari, Sabeer Ansari, Nazeer Khan @ Batha, Neyaz Khan are the
petitioners whereas Cr. Misc. No.48863 of 2014 wherein Shamshul Qamar Khan, Nasim Akhtar Khan @ Md. Nasim Akhatar Khan, Rajeeb Qamar Khan @ Rajeels Khan, Shakir Khan @ Babloo @ Md. Shakir Khan, Munna Sah, Asif Khan @ Asif Ali Khan, Lal Khan, Ahmad Khan @ Manna Khan, Ekbal Khan @ Ekbal Ahmad Khan, Jubair Khan, Kausar Ali Khan @ Munna Khan, Akhtar Khan, Atiullah Khan, Nasiruddin Khan, Parvez Khan are the petitioners, commonly originate out of Bairginia P. S. Case no.211 of 2014, on account thereof, have been heard together and are being disposed of by a common order. In the background of PACS Election, two groups one represented by Samsool Qumar Khan and the other by Meenahzul Ansari brandished their weapons, indulged in affray which, after being informed, the informant, a police official under the leadership of Magistrate, came and anyhow succeeded in pacifying both the groups. It has also been disclosed that from confidential source, he came to know that Sarafat Ansari as well as Shamshul Qamar Khan have fired from their respective licensee gun, however, did not strike anyone.
Taking into account the nature of allegation, more particularly the manner whereunder such huge number of persons have been named, speaks otherwise than in normal phenomenon
whereupon Ziyaul Ansari, Md. Minahjul Ansari, Sarafat Ansari, Khelafat Ansari, Md. Naushad Khan, Nabi Alam, Nazre Alam, Sarfraj Ansari, Tabrez Ansari, Maksood Ansari, Mamul Ansari, Akbar Khan, Jalaluddiin Ansari, Naseer Khan, Majbullah Sah, Serajul Sah, Hafeez Ansari, Sabeer Ansari, Nazeer Khan @ Batha, Neyaz Khan, Shamshul Qamar Khan, Nasim Akhtar Khan @ Md. Nasim Akhatar Khan, Rajeeb Qamar Khan @ Rajeels Khan, Shakir Khan @ Babloo @ Md. Shakir Khan, Munna Sah, Asif Khan @ Asif Ali Khan, Lal Khan, Ahmad Khan @ Manna Khan, Ekbal Khan @ Ekbal Ahmad Khan, Jubair Khan, Kausar Ali Khan @ Munna Khan, Akhtar Khan, Atiullah Khan, Nasiruddin Khan, Parvez Khan each are directed to 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 the learned Chief Judicial Magistrate, Sitamarhi in connection with Bairginia P. S. Case no.211 of 2014, in event of their arrest/ surrender within four weeks, subject to condition laid down under Section 438(2) of the Cr.P.C.
(Aditya Kumar Trivedi, J) Vikash/- U T