Md. Jubair Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55230 of 2017 Arising Out of PS.Case No. -87 Year- 2017 Thana -KHANPUR District- SAMASTIPUR ======================================================
1. Md. Jubair Ansari
2. Md. Khursid Ansari @ Khurshid Alam, Both sons of Md. Maksud Ansari
3. Md. Maksud Ansari
4. Md. Nizam Ansari @ Md. Nizamuddin Ansari Both sons of Late Kari Ansari
5. Md. Chand @ Chand Babu son of Md. Khursid Ansari @ Khurshid Alam.
All resident of village- Kadarchak, P.S.- Khanpur, District- Samastipur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners seek pre-arrest bail in connection with Khanpur P. S. Case No. 87 of 2017 registered under Sections 341, 323, 324, 308, 379 and 504/34 of the Indian Penal Code. Learned counsel for the petitioners submitted that all the offences as alleged are bailable in nature except Sections 308 and 379 of the Indian Penal Code. As far as allegation of
Patna High Court Cr.Misc. No.55230 of 2017 (2) dt.19-12-2017 2/2 theft is concerned, the same is ornamental in nature. The injuries caused to the informant and others were all simple in nature. He submitted that there is a counter case and the genesis of the occurrence is long standing dispute between the parties, who are agnates.
Learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioners. Regard being had to the materials on record and the submissions made above, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of SDJM, Samastipur in Khanpur P. S. Case No. 87 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.
(Ashwani Kumar Singh, J.) Kanchan/- U T