Ajabuddin Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21726 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Ajabuddin Ansari, Son of Late Ganni Mian.
2. Taushif Alam, Son of Taukil Ahmad
3. Taukil Ahmad, Son of SK. Akhtar Hussain
4. Ekram Ansari, Son of Ajabuddin Ansari.
5. Munni Khatoon, Wife of Ajabuddin Ansari. All are residents of VillageBashtha, Police Station- Mainatand, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 30-04-2018 Heard.
The petitioners seek pre-arrest bail in Mainatand P.S. Case No.08 of 2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 325, 354, 447, 427, 307, 379 of the I.P.C. Allegation as per the F.I.R. is that on 21.01.2018 at 8.00 hours all the F.I.R. named accused brutally assaulted the informant.
It has been submitted that the injuries allegedly caused have been found simple in nature except one injury which is fracture on finger of right hand. Allegation of assault by farsa on
Patna High Court Cr.Misc. No.21726 of 2018 (2) dt.30-04-2018 2/3 the head of the informant is against petitioner no.4 but injury report shows that it was lacerated wound. The allegation against the petitioners appears omnibus. The informant and the petitioners are agnates and on account of land dispute occurrence of assault took place for which there is also a counter case from the side of petitioners.
Learned A.P.P. opposed the submissions.
In the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of S.D.J.M., Bettiah, in Mainatand P.S. Case No.8 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and further conditions that (i) One of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court, (ii) The petitioners will not induce any witness or tamper with the evidence (iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to
Patna High Court Cr.Misc. No.21726 of 2018 (2) dt.30-04-2018 3/3 appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
(Sanjay Kumar, J) AnilKrSinha/- U