Amirul Haque Ansari @ Amisal Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13706 of 2023 Arising Out of PS. Case No.-169 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.

Amirul Haque Ansari @ Amisal Haque Son Of Late Gafur Ansari Resident Of Village- Bara Chand Mohan, P.S.- Kundwa Chainpur, District- East Champaran, Motihari 2.

Anisur Rahman Ansari @ Anisu Rahman @ Anisu Rahman Ansari Son Of Amirul Haque Ansari Resident Of Village- Bara Chand Mohan, P.S.- Kundwa Chainpur, District- East Champaran, Motihari 3.

Ajijur Rahman Ansari @ Gorakh @ Md. Ajijur Rahman Son Of Amirul Haque Ansari Resident Of Village- Bara Chand Mohan, P.S.- Kundwa Chainpur, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 354(B), 379, 504, 506 and 34 of the Indian Penal Code. As per the prosecution case, allegation against the petitioners is that they assaulted the informant with iron rod and they also tried to outrage the modesty of the informant. It is further alleged that they also looted ornament worth Rs. 2,20,000/- and cash of Rs. 20,000/-.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been

Patna High Court CR. MISC. No.13706 of 2023(2) dt.29-04-2023 2/2 falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is land dispute between the parties. He submits that there is no specific overt act against these petitioners. He submits that no person is injured in the present case and there is compromise between the parties. Petitioner no. 1 has one criminal antecedent whereas petitioners no. 2, 3 and 4 have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Kundwa Chainpur P.S. Case No.169 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T