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Patna High CourtCR. MISC./23863/2023allowed

Md. Gani Ansari v. The State Of Bihar

2023-07-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23863 of 2023 Arising Out of PS. Case No.-32 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== Md. Gani Ansari S/O Late Fajilat Ansari @ Fajo Ansari R/O Village- Gopi Nagar Parsa, P.S- Barhara Kothi, Distt.- Purnia, Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Kumar Jha Mr. Kumar Shubham For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 427 and 506 of the Indian Penal Code.

Petitioner is said to have assaulted the informant on his head with a spade.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that petitioner and informant are neighbors and there has been an admitted land dispute between the petitioner's brother and the informant. He submits that there is no specific overt act against the petitioner. He further submits that petitioner

Patna High Court CR. MISC. No.23863 of 2023(2) dt.04-07-2023 2/2 has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner in the event of his 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) 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 Barhara P.S. Case No. 32 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T