Md. Vasim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9768 of 2023 Arising Out of PS. Case No.-739 Year-2021 Thana- BIHTA District- Patna ====================================================== 1.

MD. VASIM ANSARI Son of Late Md. Qutubuddin Ansari R/v- Lai, P.S.- Bihta, District- Patna 2.

SAIF ANSARI Son of Moiuddin Ansari R/v- Lai, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 147, 148, 149, 341, 448, 323, 307, 379 and 504 of the Indian Penal Code. As per the prosecution case, all the F.I.R named accused persons including these petitioners armed with iron rod and sharp edged weapon entered into the informant's house and assaulted him and his father in which they sustained various injuries. It is further alleged that they also snatched gold chain worth Rs. 50,000/- from informant's neck.

It is submitted that marpit took place between the parties on account of petty dispute. Case and counter case.

Patna High Court CR. MISC. No.9768 of 2023(3) dt.04-07-2023 2/2 Injuries allegedly caused by these petitioners are not on vital part. Petitioners claims clean antecedent.

Learned counsel for the State opposes the prayer for bail and submits that injury caused by the petitioner No. 1 (Md. Vasim Ansari) is grievous in nature and petitioner No. 2 (Saif Ansari) caused simple injury.

Considering the nature of injury and gravity of allegation, prayer for pre-arrest bail of the petitioner No 1 (Md. Vasim Ansari) is rejected.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner No 2 (Saif Ansari), as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of A.C.J.M-I, Danapur, Patna or concerned Court in connection with Bihta P.S. case no 739 of 2021, of subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T