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Md. Bishmillah Ansari @ Bismillah Ansari and Ors. v. The State Of Bihar

Patna HC11 Apr 2016CR. MISC./12696/2016

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to petitioners facing charges of assaulting persons. The court directed release upon arrest within four weeks subject to bail bond conditions and appearance before the trial court.

What did the court decide?

Enlarged petitioners on anticipatory bail subject to bail bonds and conditions including appearance after framing of charges.

Md. Bishmillah Ansari @ Bismillah Ansari and Ors. Vs The… — Cheating and Forgery | Patna HC (2016)

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Patna High Court Cr.Misc. No.12696 of 2016 (3) dt.11-04-2016

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.12696 of 2016

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Arising Out of PS.Case No. -276 Year- 2015 Thana -SHERGHATI District- GAYA

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====================================================== 1. Md. Bishmillah Ansari @ Bismillah Ansari.

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Md. Arsad Ansari @ Md. Arsadullah Ansari @ Asadullah Ansari. Both are Sons of Md. Sadique Mian.

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Md. Neyaz Hussain @ Neyazuddin, Son of Nasru Mian 4. Md. Nasru Mian @ Md. Nasruddin Mian, Son of Ahmad Hussain. All resident of Village- Safichack, P.S.- Sherghati, District- Gaya.

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.... .... Petitioner/s Versus 1. The State of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Anuj Kumar Shrivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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3 11-04-2016 Heard both sides.

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Apprehending their arrest in connection with Sherghati P.S. case no. 276/ 2015 registered under Sections 341,323,324,308/34 of the Indian Penal Code the petitioners have prayed for grant of anticipatory bail.

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Although, there is general allegation in the First Information Report that these petitioners assaulted three persons of the prosecution side but from the injury report ( Annexure 3 series) it does appear that they are superficial /simple in nature. It is stated that father of the petitioner no.1 also lodged a case against the present prosecution party for causing injury to two

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Patna High Court Cr.Misc. No.12696 of 2016 (3) dt.11-04-2016

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persons on the prosecution side. The said case was also registered under Section 308 of the IPC in which some of the accuseds of the counter case have been granted the privilege of anticipatory bail by the Court below. Petitioners do not have any criminal antecedent.

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Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on anticipatory bail. Let the petitioners, named above, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sherghati at Gaya, in connection with Sherghati P.S. case no. 276 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:-

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(i) One of the bailors shall be the own/close family member of the petitioner(s).

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(ii) As soon as the charges are framed the petitioner(s) shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive

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Patna High Court Cr.Misc. No.12696 of 2016 (3) dt.11-04-2016

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dates, the trial Court shall have liberty to cancel
the bail bonds of the petitioner(s) and secure
their arrest in accordance with law.
.
(Kishore Kumar Mandal, J)
Shyam/-
U T

Md. Bishmillah Ansari @ Bismillah Ansari and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Bishmillah Ansari @ Bismillah Ansari and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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