Patna High CourtCR. MISC./1842/2019partly allowed disposal

Afzal Ansari And ORS v. The State Of Bihar

2019-01-15Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1842 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- HATHUA District- Gopalganj ======================================================

1. Afzal Ansari, S/o Izhar Ansari, resident of Village-Domahata, P.S.-Hathua, District-Gopalganj.

2. Shahid Raza, S/o Late Anish Alam @ Yunus Ansari.

3. Prince Ansari, S/o Late Anish Alam @ Yunus Ansari Both resident of village-Pritam Sah Ke Tola, P.S.-Hathua, DistrictGopalganj. .. ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Respondent/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Hathua P.S. Case No.172 of 2018 registered for the offences punishable under Sections 341, 323, 354, 308, 379 and 504 read with 34 of the Indian Penal Code.

Considering the specific allegation of assault as against petitioner no.1 Afzal Ansari and petitioner no.2, Shahid Raza, their prayer for grant of pre-arrest bail is rejected. They may surrender and seek bail, which shall be considered on merit without being prejudiced in any manner by this order. As far as the petitioner no.3, namely Prince Ansari is concerned, since there is no specific allegation against him, in

Patna High Court Cr.Misc. No.1842 of 2019(2) dt.15-01-2019 2/2 the event of arrest or surrender in the court below, he is 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 the learned Chief Judicial Magistrate, Gopalganj in connection with Hathua P.S. Case No.172 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T