Md. Ekram Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14617 of 2016 Arising Out of PS.Case No. -500 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Md. Ekram Ansari Son of late Gultan Ansari
2. Md. Mustakim Ansari Son of late Gultan Ansari
3. Md. Nausad Ansari@Md. Nausad Son of Md. Jakir Ansari
4. Sarfraj@Md. Sarfraz Ansari Son of Kunnu Ansari.
5. Kunnu Ansari@Funnu son of late Nasir Ansari
6. Tunna@Tunnu Ansari Son of Mohammad Ansari
7. Mabarak@Mobarak Ansari Son of Md. Rasul Ansari.
8. Muddin@Muddin Ansari Son of late Nasir Ansari
9. Samsad@Md. Shamsad Ansari Son of Md. Jakir Ansari
10. Dilsad@Md. Dilshad Ansari Son of Md. Jakir Ansari.
11. Rasul @Md. Rasul Ansari Son of late Chhadi Ansari
12. Mohammad Ansari@Mohammad Son of late Chhedi Ansari. All are Resident of Village- Rampur South, Ward no. 10,. PS forbesganj, Distt Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Forbesganj Police Station Case No. 500 of 2015, disclosing offences under Sections 147, 148, 149, 452, 323, 324, 325, 307, 380, 354, 504, 506 of the Indian Penal Code.
Patna High Court Cr.Misc. No.14617 of 2016 (2) dt.22-04-2016 2/3 There are altogether 14 persons named in the First Information Report. The present application has been filed on behalf of 12 of them.
Referring to the First Information Report, learned Counsel for the petitioners submits that the allegation against these petitioners are general and omnibus and there is specific allegation of assault against co-accused, Md. Hamid Taiyabi and Md. Taiyab Ansari. He has further submitted that lodging of the present First Information Report is counter blast to the First Information Report lodged by petitioner no. 1 one day prior to the lodging of the present First Information Report. Considering the submission that the allegation against these petitioners are general and omnibus, this application is allowed.
Let the petitioners, namely, Md. Ekram Ansari, Md. Mustakim Ansari, Md. Nausad Ansari @ Md. Nausad, Sarfraj @ Md. Sarfraz Ansari, Kunnu Ansari @ Funnu, Tunna @ Tunna Ansari, Mobarak @ Mobarak Ansari, Muddin @ Muddin Ansari, Samsad @ Md. Shamsad Ansari, Dilsad @ Md. Dilshad Ansari, Rasul @ Md. Rasul Ansari and Mohammad Ansari @ Mohammad, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs.
Patna High Court Cr.Misc. No.14617 of 2016 (2) dt.22-04-2016 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj Police Station Case No. 500 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √