Rauf Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7898 of 2022 Arising Out of PS. Case No.-132 Year-2021 Thana- JHAJHA District- Jamui ====================================================== 1.

RAUF ANSARI SON OF LATE SHAFIQUE ANSARI R/O VILLAGEPAHARPUR, P.S. AND P.S.- JHAJHA, DISTRICT- JAMUI 2.

SATTAR ANSARI SON OF RAUF ANSARI R/O VILLAGE- PAHARPUR, P.S. AND P.S.- JHAJHA, DISTRICT- JAMUI 3.

MAJLUM ANSARI SON OF RAUF ANSARI R/O VILLAGEPAHARPUR, P.S. AND P.S.- JHAJHA, DISTRICT- JAMUI ... ... Petitioners.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in Jhajha P.S. case No. 132/2021 registered for the offences punishable under Sections 341, 323, 307, 504 & 506/34 of the Indian Penal

Patna High Court CR. MISC. No.7898 of 2022(3) dt.29-08-2022 2/3 Code pending in the Court of learned C.J.M., Jamui. While the informant was going to attend the call of nature, these petitioners are said to have after pressing his mouth assaulted him by means of an axe blow. The reason behind the occurrence is said to be old enmity. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to previous enmity. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 has also filed a case vide Jhajha P.S. Case No.28 of 2020 against the uncle of the informant.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on anticipatory bail. The prayer for anticipatory bail of the petitioners is hereby rejected.

However, the petitioners are directed to surrender before the learned Court below within six weeks from today and

Patna High Court CR. MISC. No.7898 of 2022(3) dt.29-08-2022 3/3 seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T