Rasid Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10420 of 2018 Arising Out of PS. Case No.-135 Year-2016 Thana- GHORASAHAN District- East Champaran ======================================================

1. Rasid Ansari,

2. Kalim Ansari Both Sons of Ijrail Ansari,

3. Sallaudin Ansari @ Sallaudin S/o Nathu Ansari, All R/o VillageJolgawa, P.S.- Jitna, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu Babu For the Opposite Party/s :

Mr. SMT. ANITA KUMARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Ghorasahan ( Jitna) P.S. case no. 135 of 2016 instituted for the offence under Section(s) 147,148,149,447,341,323,324,307,504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners has submitted that there is case and counter case between the parties. The counter case has been lodged by co- accused Mazrul Ansari against the informant and others vide Ghorasahan ( Jitna) P.S. case no. 134 of 2016 in which informant has sustained grievous injury. It is further submitted that in the instant case the police after

Patna High Court Cr.Misc. No.10420 of 2018(2) dt.23-02-2018 2/3 investigation submitted final form and did not sent up the petitioner for trial. But the learned Court below has taken cognizance against the petitioners after differing with the police report. The injury reports of the injured of the instant case have been annexed as Annexure-3 series wherein the doctor has found all the injuries to be simple in nature. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Ghorasahan ( Jitna) P.S. case no. 135 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M. Sikrahana at Dhaka , East Champaran, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(3) if petitioners tamper with the evidence or the witnesses of

Patna High Court Cr.Misc. No.10420 of 2018(2) dt.23-02-2018 3/3 the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T