Emamuddin Ansari And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13458 of 2015 Arising Out of PS.Case No. -171 Year- 2014 Thana -KHIJARSARAI District- GAYA ======================================================

1. Emamuddin Ansari Son of Md. Naimuddin Ansari @ Md. Naimuddin

2. Abdul Ansari @ Md. Abdulla Ansari Son of Abbas Ansari .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl. App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341/323/504/34 of the Indian Penal Code section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that while the informant raised objection with regard to some comment made by the accused persons, he was assaulted with 'lathi' and abused by calling his caste name, when his mother came to rescue she was also assaulted. It is submitted by learned counsel for the petitioners that in fact no injury was caused to the informant and the place of occurrence is not a place of public view. It is further submitted

Patna High Court Cr.Misc. No.13458 of 2015 (2) dt.06-05-2015 2/2 that petitioner no.1 had filed Khizersarai P.S. Case No.170 of 2014 at earlier point of time against the informant, thereafter the present case has been lodged. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya in connection with Khizersarai P.S. Case No.171 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T