Asmahammad Ansari @ Ash Mohammad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28416 of 2024 Arising Out of PS. Case No.-316 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Asmahammad Ansari @ Ash Mohammad Ansari son of Hamid Miyan Village- Jhakhara W.No-8, Ps- Nautan Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Nautan P.S. Case No. 316 of 2023 dated 27.07.2023 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 325, 307, 327, 504, 506 of the Indian Penal Code and u/s Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons along with 10-15 unknown miscreants armed with lathi, danda and rod prevented the informant from ploughing the land. On being objected, all the accused persons including the petitioner assaulted the informant. In the meantime, the co-accused, Suresh Yadav with an intention to

Patna High Court CR. MISC. No.28416 of 2024(2) dt.20-05-2024 2/3 kill fired on the informant causing bullet injury on left side of his chest.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is a case and counter case between the parties. The specific allegation of firing is against the co-accused, Suresh Yadav rather the allegation against the petitioner is general and omnibus. The co-accused persons have already been granted anticipatory bail by this court vide order dated 16.04.2024 passed in Cr. Misc. No. 23403 of 2024. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bettiah, West Champaran in connection with Nautan P.S. Case No. 316 of

Patna High Court CR. MISC. No.28416 of 2024(2) dt.20-05-2024 3/3 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T