Khudbuddin Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4824 of 2019 Arising Out of PS. Case No.-17 Year-2018 Thana- JAIPUR District- Banka ======================================================

1. Khudbuddin Ansari Son of Panchu Mian

2. Faruk Ali Son of Sadik Mian

3. Kabil Ansari Son of Panchu Mian All are residents of Village - Bhorisimar, P.S. -Jaipur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2019 Heard both sides.

The petitioners apprehend their arrest in Jaipur P.S. Case No.17 of 2018 registered under Section 307 and other Sections of the Indian Penal Code.

The informant alleged that his cousin, Chhotu Ansari went to pluck Mango and started abusing. The informant disclosed that all the brothers have got share in the Mango fruits on such, Nasir Ansari, Sadik Mian, Radik Mian, Tazuddin Ansari assaulted the informant and his family members. The informant got head injury on account of such assault. Thereafter, Kabil Ansari, petitioner No.3, Khudbuddin Ansari, petitioner No.1 and Faruk Ali, petitioner No.2 came and assaulted the family members of the informant.

Patna High Court Cr.Misc. No.4824 of 2019(2) dt.29-01-2019 2/2 The learned counsel for the petitioners submits that it is admitted fact that petitioners and informant are co-sharer and they have got share in the Mango fruits. The occurrence took place due to plucking of Mango fruits. There is a counter version and this fact shows that all the co-sharers entered into mutual assault on account of plucking of Mangoes but now they have compromised the case and filed compromise petition. Nobody received any serious injuries.

Considering the facts that occurrence took place due to plucking of Mango fruits among the co-sharer who entered into scuffle with each other and now the case is compromised, let the 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 of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. I, Banka in connection with Jaipur P.S. Case No.17 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T