Md Ajad Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24255 of 2023 Arising Out of PS. Case No.-100 Year-2017 Thana- SANHAULA District- Bhagalpur ====================================================== 1.
MD AJAD ANSARI SON OF ISLAM ANSARI RESIDENT OF VILLAGEUDHADIH, PS- SANHAULA, DIST- BHAGALPUR 2.
MD. PAPPU @ SHORAB ANSARI SON OF ISLAM ANSARI RESIDENT OF VILLAGE- UDHADIH, PS- SANHAULA, DIST- BHAGALPUR 3.
MD. GUDDU @ SHAMSHIR ALAM @ GUDDU SON OF ISLAM ANSARI RESIDENT OF VILLAGE- UDHADIH, PS- SANHAULA, DISTBHAGALPUR 4.
MD. ASFAK SON OF ISLAM ANSARI RESIDENT OF VILLAGEUDHADIH, PS- SANHAULA, DIST- BHAGALPUR 5.
MD. JUBBO @ JALIL @ JALLO SON OF ISLAM ANSARI RESIDENT OF VILLAGE- UDHADIH, PS- SANHAULA, DIST- BHAGALPUR 6.
MD. MERAJ @ MERAJ ANSARI @ MERAJ SON OF MAJOOR ALAM RESIDENT OF VILLAGE- UDHADIH, PS- SANHAULA, DISTBHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Najmul Hodda For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2023 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Sanhaula Police Station Case No. 100 of 2017, dated 22.06.2017, disclosing offences punishable under Sections 147/149/447/341/323/3564-B/384/504/506 of the Indian Penal Code.
Patna High Court CR. MISC. No.24255 of 2023(2) dt.07-07-2023 2/3 The prosecution case, as per the First Information Report, is that the petitioners, along with other co-accused persons, armed with weapon, arrived at the door of the informant, abused her and assaulted the informant and her family members.
Learned Counsel for the petitioners submits that both parties are co-sharers and there is land dispute between them inasmuch as Title Suit No. 18 of 2015 is pending between the parties. He further submits that injuries caused to the victims are simple in nature.
Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are co-sharers and there is admitted land dispute between them, I am inclined to grant the petitioners privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of two weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sanhaula Police
Patna High Court CR. MISC. No.24255 of 2023(2) dt.07-07-2023 3/3 Station Case No. 100 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √