Kashim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34608 of 2017 Arising Out of PS.Case No. -730 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Kashim Ansari Son of Late Salim Ansari, R/o Village- Sadekawayee, P.S.- Sonhan, District- Kaimur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Informant :

Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The petitioner seeks regular bail in connection with Bhabhyua (Sonhan) P.S.Case No.730 of 2016, registered for offences punishable under Sections 341, 323, 504 and 307/34 of the Indian Penal Code.

Allegation against the petitioner is of firing causing injury to the son of the informant.

Submission of the learned counsel for the petitioner is that as a matter of fact the scuffle took place between the children of both the parties and in that case one person of the prosecution side has assaulted to the informant of the counter case on head causing injury on him. There is also allegation of firing from the prosecution side also. It is further submitted that though there is allegation of firing but the injuries are simple in nature. The

Patna High Court Cr.Misc. No.34608 of 2017 (2) dt.02-08-2017 2/2 petitioner is in custody for about two months. Heard learned A.P.P. also, who has opposed the prayer for bail stating that the injuries are of firing on the person of the son of the informant.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kaimur at Bhabhua in connection with Bhabhua (Sonhan) P.S.Case No.730 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not threaten to the informant or any witnesses of this case otherwise his bail bond shall be cancelled.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T