Mosiha Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6615 of 2016 Arising Out of PS.Case No. -119 Year- 2015 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mosiha Ansari Son of Nanhaku Ansari R/o Hingulahar, P.S.- Sathi, District- West Champaran, Bettiah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gautam Kumar Yadav, Advocate For the Opposite Party/s : Mr. Navin Kr. Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 506, 509, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that on the order of this petitioner co-accused Alamgir Ansari and Saddam Ansari fired at the informant, causing injury on his jaw. It is submitted by the learned counsel for the petitioner that admittedly accusation of firing is not against the petitioner. For the same incident the police registered a case being Sikarpur P.S. Case No. 113 of 2015 levelling accusation under Sections 25(1-B)a, 26, 27, 35 of the Arms act against

Patna High Court Cr.Misc. No.6615 of 2016 (2) dt.12-02-2016 unknown on 13.03.2015 itself on the alleged date of occurrence.

The present First Information Report was registered at the behest of the informant on the basis of fardbeyan recorded on 15.03.2015 for the occurrence of 13.03.2015 which came to be registered as police case on 19.03.2015. The petitioner was on inimical terms with the informant's family before.

Considering the fact that no overt act is attributed against the petitioner, delayed lodging of the First Information Report and the First Information Report lodged at first point on the alleged date of occurrence by the police against unknown, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah in connection with Sikarpur P.S. Case No. 119 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T