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2025 DAILYLAW 8832 (PAT)

Khairuddin Ansari v. The State of Bihar

/4802/2025 · 2025-03-04

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4802 of 2025 Arising Out of PS. Case No.-360 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== 1. Khairuddin Ansari Son of Late Sarfuddin Ansari village- Ward No. 2, Biar Bandh, Dumari, Police Station - Shivsagar, District - Rohtas 2. Ishu Ansari Son of Khairuddin Ansari village- Ward No. 2, Biar Bandh, Dumari, Police Station - Shivsagar, District - Rohtas 3. Babu Ali Ansari Son of Sahabuddin Ansari village- Ward No. 2, Biar Bandh, Dumari, Police Station - Shivsagar, District - Rohtas P/A- Mohalla- Dhamhapur, Po- sant Ravidas Nagar, ps and Dist- Bhadoi, Up ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Adil Abbas For the Opposite Party/s : Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 04-03-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have preferred this application for grant of regular bail in connection with Shivsagar P.S Case No. 360/2020 dated 23.11.2020 registered for the offence punishable u/s 302, 341, 323, 324, 504 and 379 read with Section 34 of the Indian Penal Code. 3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have entered the house of the informant and started assaulting the informant and also committed theft of Rs. 20,000/- in cash, a golden chain and Patna High Court CR. MISC. No.4802 of 2025(2) dt.04-03-2025 2/3 other articles. Further, it is alleged that the petitioners and the co-accused persons gave garasa blow on the head of the informant which resulted into injury and the informant became unconscious and thereafter his son took him to the hospital for treatment. The injured person, namely, Md. Unis Ansari gave fardbeyan which resulted into the lodging of the F.I.R. The informant subsequently succumbed to the injuries. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The other co-accused persons have already been granted bail by this court vide order dated 19.09.2022 passed in Cr. Misc. No. 35778/2022. The petitioners are accused in two other criminal cases as stated in Supplementary Affidavit. The petitioners are in custody since 22.10.2024. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with Patna High Court CR. MISC. No.4802 of 2025(2) dt.04-03-2025 3/3 two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram, in connection with Shivsagar P.S Case No. 360/2020. 7. The application stands allowed. atul/- (Chandra Prakash Singh, J) U T