Sahab Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1140 of 2019 Arising Out of PS. Case No.-19 Year-2016 Thana- SC/ST District- Nawada ====================================================== 1.

SAHAB ANSARI, Son of Late Samsuddin Ansari, Resident of Village - Marawa, P.S.- Pakribarawan, District- Nawada 2.

Imran Ansari, Son of Late Murtaza Ansari, Resident of Village - Marawa, P.S.- Pakribarawan, District- Nawada ... ... Appellants

Versus

THE STATE OF BIHAR ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Deepak Kumar, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 29-03-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 18.1.2019 passed by Additional Sessions Judge-I, Nawada, in ABP No. 2088 of 2018 filed by the appellants, by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in SC/ST (Nawada) P.S.Case No. 19 of 2016, registered under Sections 341, 323, 504, 506, 452, 34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellants is that they were granted bail under the provisions of Section 41(A) of Cr.P.C. and they were not misused the same and allegation against

Patna High Court CR. APP (SJ) No.1140 of 2019 dt.29-03-2019 2/2 them is false and concocted as mother of appellant No.2 contested on the post ofmember, Panchayat Samiti of Gram Panchayat and was successful while Bhabhi of the husband of the informant lost the election and informant and her husband being supporters to the aforesaid Ravindra Yadav threatened to teach lesson and accordingly the present case has been lodged. Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to the petitioners to surrender within a period of six weeks from the receipt of this order and make prayer for regular bail, which shall be considered on the basis of materials available on record as well as the fact that they were on police bail and have not misused the same and, if possible, to be disposed of on the same day. (Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date