Md. Jahangir @ Md. Jahangir Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65947 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- BIHARIGANJ District- Madhepura ======================================================

1. Md. Jahangir @ Md. Jahangir Ansari, Son of Md. Junab Ansari @ Junab Ansari,

2. Md. Munagir Ansari @ Md. Munagir, Son of Md. Junab Ansari @ Junab Ansari,

3. Jahur Ansari @ Md. Jahur Ansari @ Md. Jahur Son of Md. Junab Ansari @ Junab Ansari, all residents of village Kumarpur, Ward No.5, P.S. Bihariganj, District Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 341, 307, 379, 504, 506/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners abused the informant and on the order of Sarjana Khatoon, accused Junab Ansari and Md. Munajeer Ansari assaulted the informant on his head and face, due to which he injured seriously. Md. Jahangir snatched cash of Rs.19,000/- from the pocket of the informant.

It has been submitted on behalf of the petitioners that there

Patna High Court Cr.Misc. No.65947 of 2018(2) dt.31-10-2018 2/3 is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. So far petitioners No.1 and 3 are concerned, there is no allegation of assault alleged against them. No injury is caused by the petitioners No.1 and 3 to anyone in course of occurrence. So far petitioner No.2 and his father Junab Ansari are concerned, they are said to have assaulted the victim and one of the injury is said to be grievous.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners No.1 and 3, above named, in the event of 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Abhimanyu Kumar, Judicial Magistrate, 1st class, UdaKishunganj, Madhepura in connection with Bihariganj P.S. case No.130 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far the petitioner No.2 Md. Munagir Ansari @ Md. Munagir is concerned, I am not inclined to grant

Patna High Court Cr.Misc. No.65947 of 2018(2) dt.31-10-2018 3/3 anticipatory bail to the petitioner No.2. The same is rejected. If the petitioner No.2 surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) Narendra/- U T