Navee Rasul @ Ravee Rasul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19201 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- SANDESH District- Bhojpur ====================================================== NAVEE RASUL @ RAVEE RASUL ANSARI Son of Neyamat Husain Resident of Village - Devi Temple Ramashadh Tola Pinjroi, Police Station - Sandesh, District - Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 19208 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- SANDESH District- Bhojpur ====================================================== 1.

MAHMOOD ANSARI Son of Navee Rasula Resident of Village - Devi Temple Ramashadh Tola Pinjroi, Police Station - Sandesh, District - Bhojpur.

2.

MAQSOOD ANSARI Son of Navee Rasula Resident of Village - Devi Temple Ramashadh Tola Pinjroi, Police Station - Sandesh, District - Bhojpur.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 19201 of 2022) For the Petitioner/s :

Mr. Gopal Govind Mishra, Adv For the Informant :

Mr. Amresh Kumar, Adv For the Opposite Party/s :

Mr. Bharat Bhushan, APP (In CRIMINAL MISCELLANEOUS No. 19208 of 2022) For the Petitioner/s :

Mr. Gopal Govind Mishra, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to

2/4 remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

After some arguments, learned counsel for the petitioner namely Maqsood Ansari in Cr. Misc. No. 19208 of 2022 seeks permission to withdraw this application.

Permission is granted.

Accordingly, the instant application as against the petitioner Maqsood Ansari is dismissed as withdrawn. However, he is directed to surrender before the learned Court below and seek regular bail and the learned Court below would pass the order, preferably, on the same day, in accordance with law.

Now, this application is being heard with regard to the remaining petitioners.

Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 504, 354(c), 506, 307 of the Indian Penal Code. Allegedly, the petitioners Mahmud Ansari and Hamid Ansari tamperer and abused the sister of the informant. On enquiring upon the same, the petitioners along with other

3/4 accused persons assaulted the informant's side due to which they sustained injuries.

Learned counsel for the petitioners submits that petitioner are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case at the instance of their enemies. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is a case and countercase between the parties. There is no specific overt act against the petitioners. There is no independent witness in the present case to support the prosecution story. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Considering the aforesaid facts and circumstances, since there is no specific overt act against the petitioners, let all the petitioners named above except Maqsood Ansari(whose application has already been withdrawn), in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is

4/4 pending/Successor court, in connection with Sandesh P.S Case No.05 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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