Javed Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26696 of 2021 Arising Out of PS. Case No.-40 Year-2016 Thana- DUMARIYA District- Gaya ====================================================== JAVED ANSARI Son of Hafique Ansari @ Rafique Ansari Resident of Village - Adarchak, P.S. Dumaria, District - Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Dumaria P.S. case No.40/2016 registered under Sections 147, 148, 149, 341, 504, 323, 324, 325, 307, 302, 448, 380 of the Indian Penal Code.

Prosecution case, in short, is that twenty named accused persons and two unknown persons assaulted the informant and her family members with danda, garasa, fathha, sabal, due to which the father and uncle of the informant got

Patna High Court CR. MISC. No.26696 of 2021(2) dt.02-03-2022 2/3 badly injured and they were taken to the Hospital, where they died in course of treatment.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Altogether twenty named persons alongwith two unknown persons have been made accused in the present case. It has further been submitted on behalf of the petitioner that the petitioner had been working at Bombay in textile company. He had got no concern with the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya in connection with Dumariya P.S.

Patna High Court CR. MISC. No.26696 of 2021(2) dt.02-03-2022 3/3 No.40/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T