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Patna High Court - Orders

Afjal Ansari @ Md. Afjal Ansari @ Akjal ... vs The State Of Bihar on 1 November, 2023

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69239 of 2023
                 Arising Out of PS. Case No.-277 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua)
                 ======================================================
           1.     Afjal Ansari @ Md. Afjal Ansari @ Akjal Ansari S/O Munna Ansari @
                  Riyajuddin Ansari R/O Village- Nuaon, Ps. Nuaon, Dist. Kaimur At Bhabua
           2.    Latif Ahmad S/O Guddu Ahmad @ Nafish Ahmad R/O Village- Nuaon, Ps.
                 Nuaon, Dist. Kaimur At Bhabua
           3.    Mahtab Ansari @ Mahbab Ansari @ Mahwab Ansari S/O Kamruddin Ansari
                 R/O Village- Nuaon, Ps. Nuaon, Dist. Kaimur At Bhabua
           4.    Tabrej Ansari @ Shamsh Tabrej Ansari S/O Sarajul Ansari @ Serajuddin
                 Ansari R/O Village- Nuaon, Ps. Nuaon, Dist. Kaimur At Bhabua
           5.    Saheb Ansari @ Khursid Ansari S/O Sarajul Ansari @ Serajuddin Ansari
                 R/O Village- Nuaon, Ps. Nuaon, Dist. Kaimur At Bhabua
           6.    Jumman Ansari @ Md. Aalamgir Ansari S/O Liyakat Ansari R/O Village-
                 Nuaon, Ps. Nuaon, Dist. Kaimur At Bhabua
           7.    Sahid Ansari S/O Akbar Ansari R/O Village- Nuaon, Ps. Nuaon, Dist.
                 Kaimur At Bhabua
           8.    Sahebali Ansari @ Saheb Ali Ansari S/O Akbar Ansari R/O Village- Nuaon,
                 Ps. Nuaon, Dist. Kaimur At Bhabua
           9.    Aamir Ansari @ Amir Ansari S/O Mustak Ansari R/O Village- Nuaon, Ps.
                 Nuaon, Dist. Kaimur At Bhabua
           10. Faizan Ansari @ Faijan Ansari S/O Late Maula Ansari @ Late Kamruddin
               Ansari R/O Village- Nuaon, Ps. Nuaon, Dist. Kaimur At Bhabua
           11. Karman Ansari @ Farman Ansari S/O Late Maula Ansari @ Late
               Kamruddin Ansari R/O Village- Nuaon, Ps. Nuaon, Dist. Kaimur At Bhabua
           12. Faruk Ansari @ Md. Faruk Ansari @ Farookh Ansari S/O Sarfuddin Ansari
               R/O Village- Nuaon, Ps. Nuaon, Dist. Kaimur At Bhabua
           13. Aashik Ansari @ Aasif Ansari @ Asif Ansari S/O Kalam Ansari R/O
               Village- Nuaon, Ps. Nuaon, Dist. Kaimur At Bhabua
           14. Ehsan Ansari @ Ahsan Ahmad S/O Sabbir Ansari @ Sabbir Ahmad R/O
                Village- Nuaon, Ps. Nuaon, Dist. Kaimur At Bhabua
                                                                         ... ... Petitioner/s
                                                  Versus
               The State Of Bihar
                                                                  ... ... Opposite Party/s
               ======================================================
                 Appearance :
                 For the Petitioners        :    Mr.Parwej Khan, Advocate
                 For the State          :        Ms/Mrs. Rina Sinha, Addl Public Prosecutor
                 for the informant               Mr Viveka Nand Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-11-2023

Heard learned counsel for the petitioners and the Patna High Court CR. MISC. No.69239 of 2023(2) dt.01-11-2023 2/3 State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 307/379/504/506 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, these petitioners and other accused persons assaulted the informant and his brouther with garasa, sword, bhala, lathi, iron rod etc. and also took away some cash and box and clothes from almirah.

4. It is submitted on behalf of the petitioners that allegation of assault is general and omnibus against these petitioners and no specific overt act has been alleged against them. Petitioners claim clean antecedent.

5. Learned counsel for the State as well as the informant oppose the prayer for bail. They submit that three persons sustained grievous injuries.

6. Considering the fact that altogether 14 accused persons/ petitioners have been alleged to have assaulted the informant side causing them injuries including three grievous injuries but no specific allegation has been attributed against them as to who caused grievous injuries, coupled with the fact that these petitioners have got no criminal antecedent, prayer for bail of all the petitioners is allowed. In the event of Patna High Court CR. MISC. No.69239 of 2023(2) dt.01-11-2023 3/3 arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Mohania, Kaimur at Bhabua in Ramgarh (Nuaon) Police Station Case No. 277 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.




                                             (Prabhat Kumar Singh, J)
Shashi

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