Patna High CourtCR. MISC./18970/2019bail granted

Akbar Ansari v. The State Of Bihar

2019-04-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18970 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- HARSIDHI District- East Champaran ====================================================== 1.

AKBAR ANSARI Son of Sukhari Mian Resident of Village- Ramnagar Jagapakad, P.S.- Harsiddhi, District- East Champaran. 2.

Asgar Ansari @ Asgar Ali Son of Akbar Ansari Resident of VillageRamnagar Jagapakad, P.S.- Harsiddhi, District- East Champaran. 3.

Mozahir Mian Son of Mohtab Mian Resident of Village- Ramnagar Jagapakad, P.S.- Harsiddhi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2019 This application, for grant of anticipatory bail, arises out of Harsidhi P.S. Case No. 308 of 2018, disclosing offences under Sections 323, 324, 325, 504 and 34 of the Indian Penal Code.

Allegation as per F.I.R. is that while the informant objected the construction of bricks wall on his land, petitioners assaulted him.

Submission of learned counsel for the petitioners is that falsity of the case will appear from the fact that there is delay of 11 days in lodging the F.I.R. and prior to the present occurrence, daughter of petitioner no. 1 has lodged a case

Patna High Court CR. MISC. No.18970 of 2019(2) dt.05-04-2019 2/2 against the informant and due to which, the present case has been lodged.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released 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 learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Harsidhi P.S. Case No. 308 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T