Mustafa Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28027 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Mustafa Ansari, son of Suleman Ansari, (Prayer for anticipatory bail made on behalf of this petitioner no. 1 was dismissed as withdrawn vide order no. 2 dated 28.07.2016)

2. Saiyad Ansari, son of Suleman Ansari, Both have resident of Village - Bari Takiya, Police Station - Chainpur, District - Kaimur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pathak, Advocate. For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2016 Heard both sides.

The petitioner no. 2, namely, Saiyad Ansari, apprehends his arrest in Chainpur P.S. Case No. 92/2016 registered under Section 307 and other sections of the Indian Penal Code.

Informant Rustam Ansari alleged that Mustafa Ansari and Saiyad Ansari assaulted him with Khanti and Gadansa causing fracture injury on his head. Thereafter, Aarju Ansari and Haidar Ansari also assaulted the informant with Gadansa and Balam. It is submitted that four persons are alleged to have assaulted the informant but from perusal of the injury report (Annexure-2), it would appear that one lacerated wound 11⁄4" x 1⁄4" x scalp depth,

Patna High Court Cr.Misc. No.28027 of 2016 (3) dt.02-09-2016 2/2 which is simple in nature, was found.

Considering the fact that four persons are alleged to have assaulted the informant but only one injury, that too, simple in nature was found on the person of the informant, the above named petitioner no. 2, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on 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 learned Addl. Chief Judicial Magistrate, Bhabua (Kaimur) in Chainpur P.S. Case No. 92/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T