Ashgar Ali Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15545 of 2026 Arising Out of PS. Case No.-207 Year-2023 Thana- MEHSI District- East Champaran ====================================================== 1.
Ashgar Ali Ansari S/o Late Shahadat Hussain Resident of Village-Chaklaloo Motijheel, ward no 08, District-East Champaran 2.
Safdar Ali Ansari @ Dablu S/o Ashgar Ali Ansari Resident of VillageChaklaloo Motijheel, ward no 08, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Waliur Rahman, Adv.
For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 12-03-2026 Heard Mr. Md. Waliur Rahman, learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Mehsi P.S. Case No. 207 of 2023 registered on 05.07.2023 for the offence punishable under sections 323,324, 379, 307, 504, 506/34 of the IPC.
3. As per the prosecution case, the allegation against petitioner no.1 is that he demanded extortion money from the informant for erecting boundary wall over the land of the informant and when he protested, petitioner no.1 ordered his son, petitioner no.2 to come with pistol. Then, petitioner no.2 on the point of pistol snatched Rs. 65,000/- along with other valuables from the son of the informant and they along with
2/4 others also assaulted them by means of iron rod and LathiDanda. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that both the parties are co-villagers and there is an admitted old land dispute between them. Learned counsel further submits that with regard to petitioner no.1, the allegation of assault is general and omnibus in nature while petitioner no.2 is alleged to have assaulted the son of the informant by means fists and slaps. The injuries of both the informant and his son are found to be simple in nature. There is a counter case bearing Mehsi PS Case No. 210 of 2023 having been lodged by the wife of petitioner no.1 against the informant of the present case. The police has submitted charge-sheet against these petitioners under Sections 341, 323, 504/34 of the IPC while the court concerned took cognizance against these petitioners under Sections 341, 323, 324, 307, 504/34 of the IPC. Petitioners have got clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail.
6. Considering the nature of injury which are found to be simple in nature, there is a case and counter case between the parties, petitioners have got clean antecedent, this Court is
3/4 inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners, above named, be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari/the court concerned in connection with aforesaid PS Case, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist
4/4 from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/their bail bonds.
(Ajit Kumar, J) perwez U T