Mumtaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6240 of 2022 Arising Out of PS. Case No.-207 Year-2020 Thana- SONO District- Jamui ====================================================== 1.

Mumtaz Ansari Son Of Late Mohammad Mian Resident Of Village - Dhorari, P.S. - Sono, District - Jamui.

2.

Kamruddin Ansari @ Amaruddin Ansari Son Of Mumtaz Ansari Resident Of Village - Dhorari, P.S. - Sono, District - Jamui. 3.

Karu Ishlam @ Ashlam Ansari Son Of Aasique Ansari Resident Of Village - Dhorari, P.S. - Sono, District - Jamui.

4.

Matbir @ Mahavir Ansari Son Of Late Aasique Mian Resident Of Village - Dhorari, P.S. - Sono, District - Jamui.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 447, 307, 379, 504 and 506 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on account of dispute relating to land, the accused persons assaulted the father, mother and uncle of the

Patna High Court CR. MISC. No.6240 of 2022(2) dt.23-08-2022 2/3 injured informant causing injury. Further, Saddam assaulted informant causing injury on his ear by farsa and also misbehaved with female family members of the informant. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that the allegation of assault is general and omnibus in nature. It is also submitted that the occurrence took place on account of land dispute and from the side of the petitioners, Sono P. S. Case No.208 of 2020 was instituted against the side of the informant and others in which even from the side of the petitioners people have suffered injury. It is also submitted that the specific allegation of assault is against Saddam.

The learned counsel next submits that the injuries suffered by the injured are simple in nature except of Kesav Mandal as one of the injuries on his head is said to be grievous, but then the F.I.R. does not even remotely suggest that as to who assaulted Kesav Mandal. The learned counsel next submits that on account of dispute relating to land, the present occurrence took place in which, the case and counter-case were filed and admittedly, the petitioners are not criminal and the blow was not repeated.

The learned Additional Public Prosecutor opposes the

Patna High Court CR. MISC. No.6240 of 2022(2) dt.23-08-2022 3/3 anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sono P. S. Case No.207 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T