Md. Samsuddin Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35708 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -KAARAMCHAT SAHAYAK DistrictBHABHUA (KAIMUR) ======================================================
1. Md. Samsuddin Ansari,
2. Md. Mukhtar Ansari,
3. Naushad Alam Ansari alias Naushad Ansari
4. Shadik Ansari alias Sadik Ansari
5. Md. Husain Ansari alias Bhulli
6. Faruque Ansari .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Parwej Khan For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,297, 295A, 353, 341,188,323,307,504 and 506 of the Indian Penal Code.
The prosecution case as per the written report of the Block Development Officer, Rampur is that the informant received information that some miscreants have dismantled the angles fixed on the cremation ground of Muslim community and they were not allowing the cremation of dead body of Rafique Ansari when the police force reached at the place then stones were
Patna High Court Cr.Misc. No.35708 of 2016 (2) dt.02-09-2016 2/3 pelted resulting in injury to the police personnel. It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general. The FIR has been registered against 17 named and 25 unknown. The petitioners are named in the FIR. It is further submitted that the accusation is not specific against the petitioners. Though statement has been made in paragraph 3 of the petition that the petitioners are accused Karamchat P.S. Case No. 30 of 2015 but they are on bail. It is further submitted that there was a dispute in the village with regard to burial ground and the pond and in that background the other case was also registered.
Considering the accusation being omnibus and general, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM, Kaimur at Bhabua, in connection with Karamchat P.S. Case No.32 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Considering the criminal antecedent of the petitioners, the learned court below shall be at liberty to cancel the
Patna High Court Cr.Misc. No.35708 of 2016 (2) dt.02-09-2016 3/3 bail bonds of the petitioners in case the petitioners get involved in serious offence or defaults without any reasonable cause on three consecutive occasions.
(Dinesh Kumar Singh, J) Anil/- U T