Irfan Ansari And Others v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16571 of 2023 Arising Out of PS. Case No.-517 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

IRFAN ANSARI, son of Nurain Ansari Village- Pajiyarawa Ps- Sugauli Dist- East Champaran 2.

Fariyad Ansari Son of Nurain Ansari Village- Pajiyarawa Ps- Sugauli DistEast Champaran 3.

Sultan Ansari Son of Nurain Ansari Village- Pajiyarawa Ps- Sugauli DistEast Champaran 4.

Serajul Ansari Son of Late Bhola Ansari Village- Pajiyarawa Ps- Sugauli Dist- East Champaran 5.

Saheb Ansari Son of Wazir Ansari Village- Pajiyarawa Ps- Sugauli DistEast Champaran 6.

Sajid Ansari son of Najeeb Ansari Village- Pajiyarawa Ps- Sugauli Dist- East Champaran 7.

Rabia Khatoon W/o- Najeeb Ansari Village- Pajiyarawa Ps- Sugauli DistEast Champaran 8.

Kalma Khatoon W/o- Asfaq Ansari Village- Pajiyarawa Ps- Sugauli DistEast Champaran 9.

Manturi Khatoon W/o- Nurain Ansari Village- Pajiyarawa Ps- Sugauli DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha For the Opposite Party/s :

Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-05-2023 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State. This application, for grant of anticipatory bail, arises out of Sugauli Police Station Case No. 517 of 2022, dated 05.12.2022, disclosing offences punishable under Sections

Patna High Court CR. MISC. No.16571 of 2023(2) dt.29-05-2023 2/3 341/323/307/354/379/504/506/34 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that the petitioners, along with co-accused Nurain Ansari, ten in numbers, arrived at the house of the informant, abused and assaulted her and when the family members intervened, they were also assaulted by bricks, due to which the informant and other sustained injury.

Learned Counsel for the petitioners submits that the allegation against the petitioners is general and omnibus in nature and all the family members have been made accused in this case due to land dispute. She further submits that both the parties are co-sharers and from perusal of the injury reports (Annexures 2 and 3), it would be evident that the injuries caused to the informant is not attributable to the petitioners, but the same is attributable to co-accused Nurain Ansari, who is not petitioner before this Court.

Regards being had to the submissions advanced on behalf of petitioners and taking into consideration the fact that both the parties are co-sharers, there is land dispute between them and the injuries caused to the informant and others are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

Patna High Court CR. MISC. No.16571 of 2023(2) dt.29-05-2023 3/3 This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Sugauli Police Station Case No. 517 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √