Mohammad Aiyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66423 of 2021 Arising Out of PS. Case No.-468 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== 1.

MOHAMMAD AIYAZ ANSARI Son of Mohammad Reyaz Ansari @ Raiyajuddin Resident of Village Deora P.S.- Akbarpur District - Nawada. 2.

Mohammad Salahuddin Ansari Son of Mohammad Modi Ansari Resident of Village Deora P.S.- Akbarpur District - Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned counsel for the informant.

The petitioners apprehend their arrest in connection with Akbarpur P.S. Case No. 468 of 2021 registered for offence punishable under sections 341, 323, 324, 308, 504/34 of the Indian Penal Code.

As per allegation, when the informant with some boys was playing football, the accused persons came there and prohibited them from playing. Some altercation took place

Patna High Court CR. MISC. No.66423 of 2021(2) dt.25-07-2022 2/3 between the parties. The allegation against petitioner no. 2 is that he assaulted the younger brother of the informant and petitioner no. 1 assaulted him on his head with sword. The learned counsel for the petitioners has submitted that the altercation took place on trivial issues on playing football. He has submitted further that though there is allegation against the petitioners that they assaulted with sword, but the injuries are simple in nature.

On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that both the petitioners assaulted the informant and his brother with sword on their head, that is vital part of the body. He has also submitted that though the injuries were found simple in nature, but those were caused by sharp weapon.

Considering the fact that altercation took place on trivial issues of playing football and injuries are simple in nature, let the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 468 of 2021, subject to condition as laid down

Patna High Court CR. MISC. No.66423 of 2021(2) dt.25-07-2022 3/3 under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T