Md. Hamid Ansari And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1788 of 2016 Arising Out of PS.Case No. -56 Year- 2013 Thana -DUMARIA District- GAYA ======================================================

1. Md. Hamid Ansari Son of Rajak Ansari

2. Ishaque Ansari @ Ishaque Mian Son of Salesman Ansari Both are residents of Village Chhakarbandha, P.S. - Dumaria, and District - Gaya.

3. Hari Yadav Son of Fakira Yadav Resident of village Mohlaniya, P.S. Dumria, District - Gaya.

4. Ramjee Singh Bhokta @ Ramjee Singh Son of Baleshwar Yadav Resident of village Tarchuan, P.S. - Dumaria, District - Gaya.

5. Sadam Son of Nasaruddin Ansari Resident of Village Chhakarbandha, P.S. - Dumaria, District - Gaya.

6. Harun Mian Son of Insan Ansari Resident of Village Chhakarbandha, P.S. - Dumaria, District - Gaya.

7. Dinesh Yadav Son of Barsati Yadav Resident of Village - Mohaniya, P.S. - Dumaria, District - Gaya.

8. Uma Sao @ Uma Shankar Sao Son of Gugul Sao

9. Balkeshwar Yadav @ Balkeswar Son of Jhabal Yadav

10. Uday Singh Bhokta @ Uday Singh Son of Sulochan Singh Bhokta

11. Raj Kumar Sao Son of Gugul Sao

12. Bipin Yadav @ Bifan Yadav Son of Bipat Yadav All are residents of Village Chhakarbandha, P.S. - Dumaria, and District - Gaya.

13. Baleshwar Yadav Son of Bijli Yadav Resident of village - Barha, P.S. - Dumaria, District - Gaya.

14. Md. Ajim Ansari Son of Nasruddin Ansari Resident of Village Chhakarbandha, P.S. - Dumaria, District - Gaya.

15. Munarik Singh Bhokta @ Munarik Singh Son of Keshar Singh Resident of Village Chhakarbandha, P.S. - Dumaria, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-02-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in

Patna High Court Cr.Misc. No.1788 of 2016 (3) dt.12-02-2016 2/3 connection with Dumaria P.S. Case No. 56 of 2013, registered for offences punishable under Sections 147, 148, 149, 448, 341, 323, 504, 506, 379 of the of the Indian Penal Code and 17 of C.L.A. Act.

Diary in the present case was called for which has since been received.

Learned counsel for the petitioners submits that the present case has been lodged by the informant as a vendetta with his brother i.e. petitioner no. 6, who is his own full brother. It is further submitted that all other petitioners are co villagers residing in the proximity of the house of the informant and who have supported the petitioner no. 6. Being pinched by the aforementioned fact, the informant has lodged the present case making mischievous allegations against all such co villagers. Learned counsel for the petitioners submits that all the above petitioners are having clean antecedent and, therefore, they may be extended the privilege of anticipatory bail.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that all through the diary, the witnesses who have spoken about the occurrence are all hearsay witnesses and save and except the allegations made by the informant, there is no further cogent material in the case diary so

Patna High Court Cr.Misc. No.1788 of 2016 (3) dt.12-02-2016 3/3 as to implicate the petitioners in the present case. Considering the aforementioned facts and circumstances and that the petitioners have no criminal antecedents, let all the 15 petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghatti, District - Gaya, in connection with Dumaria P.S. Case No. 56 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) sunil/- U T