Bhola Ansari And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16952 of 2019 Arising Out of PS. Case No.-472 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Bhola Ansari Son of Rasul Ansari, Resident of Village-Rampur Tutuhiya, P.S.-Shikarpur, District-West Champaran.

2.

Manjoor Ansari Son of Rasul Ansari, Resident of Village-Rampur Tutuhiya, P.S.-Shikarpur, District-West Champaran.

3.

Nesar Ansari, S/o Late Khalil Ansari, Resident of Village-Rampur Tutuhiya, P.S.-Shikarpur, District-West Champaran.

4.

Gaffar Ansari S/o Late Sadik Ansari, Resident of Village-Rampur Tutuhiya, P.S.-Shikarpur, District-West Champaran.

5.

Juman Ansari S/o Bhola Ansari, Resident of Village-Rampur Tutuhiya, P.S.- Shikarpur, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2019 Heard both sides.

The petitioners apprehend their arrest in Shikarpur P.S. Case No.472 of 2018 registered under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code. The informant named the petitioners and alleged that a panchayati was being held between Bhola Ansari and Gaffar Ansari to resolve the dispute of the children of two families at the door of Hasim Ansari. Bhola Ansari (petitioner no.1) is alleged to have begun to abuse the informant and on protest he

Patna High Court CR. MISC. No.16952 of 2019(2) dt.26-03-2019 2/3 brought farsa and assaulted the informant on his head. When informant's son, namely, Masiha came to save his father, Manjoor Ansari started dragging him by putting a gamchi around his neck. Nesar Ansari snatched money from the pocket of Masiha. One Jahir Ansari was also assaulted by the accused persons.

Learned counsel for the petitioners submits that there is a counter version being Shikarpur P.S. Case No.474 of 2018. The two sides entered into mutual assault on account of quarreling of the children of two families. The injury found on the person of informant is superficial and simple in nature. The other injured Masiha and Jahir Ansari also got superficial and simple injury caused by hard and blunt object. Having considered the facts that there is a case and counter case and it appears that both sides entered into mutual assault with each other on a petty dispute among their children and the injury found on the persons of informant and others found to be simple in nature, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten

Patna High Court CR. MISC. No.16952 of 2019(2) dt.26-03-2019 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Shikarpur P.S. Case No.472 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T