Belal Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8710 of 2018 Arising Out of PS.Case No. -167 Year- 2017 Thana -HUSAINGANJ District- SIWAN ====================================================== Belal Ansari, Son of Mustafa Ansari, Resident of Village- Darweshpur, Police Station- Hussainganj, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Irshad Ahmad Khan For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Hussainganj P.S. Case No.167 of 2017 registered under Sections 147, 148, 149, 341, 448, 427, 436, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that so far as this petitioner is concerned, even though he is named in the FIR as having participated in the alleged occurrence, but the entire allegations are general and omnibus against altogether 33 accused persons named in the FIR. Learned counsel further submits that this petitioner is not resident of the village in question but has been falsely implicated only because he happens to be a friend of

Patna High Court Cr.Misc. No.8710 of 2018 (2) dt.20-02-2018 accused no.1. Learned counsel submits that in fact the order passed by a coordinate Bench of this Court vide Annexure-2 itself refers Cr.Misc.No.40001 of 2017 by which co-accused have been granted privilege of anticipatory bail by another Bench of this Court.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case particularly that there are general and omnibus allegation against all the accused persons and some of them have been granted privilege of anticipatory bail as it appears from Annexure-2, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Hussainganj P.S. Case No.167 of 2017, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure. Arvind/- (Rajeev Ranjan Prasad, J) U T