Naimuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23926 of 2023 Arising Out of PS. Case No.-269 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Naimuddin Ansari Son Of Late Pathalu Ansari R/V- Jolgawa, Ps- Jitna DistEast Champaran, Motihari 2.

Wakil Ansari Son Of Naimuddin Ansari R/V- Jolgawa, Ps- Jitna Dist- East Champaran, Motihari 3.

Mojir Ansari Son Of Naimuddin Ansari R/V- Jolgawa, Ps- Jitna Dist- East Champaran, Motihari 4.

Bhola Ansari Son Of Shah Mohammad Ansari R/V- Jolgawa, Ps- Jitna DistEast Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 308, 379, 354, 504 and 506 of the Indian Penal Code.

Petitioners and other accused persons are said to have assaulted the informant and his grand-daughter. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is specific

Patna High Court CR. MISC. No.23926 of 2023(2) dt.04-07-2023 2/3 allegation against the petitioner no. 2 Wakil Ansari who gave knife blow on the head of grand-daughter of the informant. He submits that there is general and omnibus allegation levelled against the petitioner nos. 1,3 and 4. He submits that there is case and counter case between the parties. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner no. 2 who assaulted the grand-daughter of the informant.

Considering the facts and circumstances of the case, let the above named petitioner nos. 1, 3 and 4 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond 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 pending/successor court in connection with Ghorasahan (Jitna) P.S. Case No. 269 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

So far as petitioner no. 2 is concerned, there is

Patna High Court CR. MISC. No.23926 of 2023(2) dt.04-07-2023 3/3 specific allegation against him, I am not inclined to enlarge the petitioner no. 2 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case. (Anjani Kumar Sharan, J) devendra/- U T