Md. Kaasim @ Kaasim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55946 of 2022 Arising Out of PS. Case No.-423 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Kaasim @ Kaasim Ansari Son of Md. Noor Ansari Resident of VillageMurgiyachak, P.S.- Janipur, District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vasant Vikas, Advocate For the Opposite Party :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-02-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Phulwari Shariff (Janipur) P.S. Case No. 423 of 2020 registered for the offences punishable under Sections 341, 323, 325, 504 and 506/34 of the Indian Penal Code and later on Section 302 of IPC was added.

As per the prosecution, the informant and his mother were assaulted by this petitioner and other co-accused persons by means of lathi, danda etc.

The main submissions advanced by Mr. Vasant Vikas,

Patna High Court CR. MISC. No.55946 of 2022(3) dt.21-02-2023 2/2 learned counsel for the petitioner are that in the FIR there is no specific allegation against the petitioner and in between both the parties there is a case and counter case lodged on the same day and the petitioner has fair and clean antecedent and has been languishing in jail since 18.04.2022 and two similarly situated co-accused persons namely, Kalim Miyan @ Kalim Ansari and Seema Khatoon have been granted bail by a co-ordinate bench of this Court vide order passed in Cr. Misc. No. 16675 of 2021 and against the petitioner investigation has been completed. Mr. Uday Chand Prasad, learned APP for the State has opposed the bail prayer.

In view of the facts, as stated above, and mainly the privilege of bail having been granted to two similarly situated co-accused persons as mentioned above, this Court is inclined to accept the bail prayer of the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Phulwari Shariff (Janipur) P.S. Case No. 423 of 2020. (Shailendra Singh, J) Shahnawaz/- U T