In a bail application arising from a murder and criminal trespass case, the High Court directed the release of the petitioners on bail upon furnishing a bond and sureties.
Directing the petitioners to be released on bail on furnishing a bond of Rs. 10,000 each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20796 of 2016
Arising Out of PS.Case No. -119 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Md. Habibullah Ansari Son of late Md. Rashid Ansari 2. Abid Ansari Son of Md. Habibullah Ansari Both are resident of VillageKaithwalia, PS Chanpatia, district West Champaran Bettiah. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Md. Anjum Akhter For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
2 19-05-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Chanpatia P.S. Case No. 119 of 2015, registered under Sections 147,148, 149, 342, 323, 324, 307 and 302 of the Indian Penal Code.
The accusation is that seven persons named in the F.I.R., including the petitioners, reached near the house of the informant armed with rod, stick and farsa. At the order of petitioner no.1 his son in law Khalikul Zamma gave farsa blow at the head of Mazahar Alam (deceased). Thereafter, he was assaulted by all of them. when Tabarak Ansari, younger brother of the informant rushed to rescue then petitioner no.2 and Jabid
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Ansari gave iron rod blow to him.
Learned counsel for the petitioners submits that there is specific allegation against co-accused Khalikul Zamma, who caused head injury to the deceased. Further submission is that there are general and omnibus allegation against the petitioners and others. Further submission is that similarly situated coaccused Md. Baidullah Ansari and Md. Aftab Ansari have already been granted privilege of bail by a co-ordinate Bench this Court vide order dated 22.04.2016 passed in Criminal Misc. No. 7592 of 2016. The petitioners are in custody since 03.12.2015 and 11.12.2015, respectively.
Having regard to the facts and the circumstances of the case, the petitioners, above named, is directed to 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 119 of 2015.
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioners should be released on bail in a grave offences case involving murder and attempt to murder.
1 provisions across 1 enactments
Md. Habibullah Ansari
Abid Ansari
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
