Md Asif Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26880 of 2022 Arising Out of PS. Case No.-30 Year-2017 Thana- POTHIYA District- Kishanganj ====================================================== MD ASIF ANSARI Son of Md Safiruddin Ansari @ Md Tasiruddin Resident of Village - Nayabari Pothia, P.S.- Pothia, District - Kishanganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 452, 341, 332,, 333, 307, 353, 186, 379, 427, 120(B) of the Indian Penal Code and Sections 3 and 4 of Prevention of Damage of Public Property Act. The prosecution case, in short, is that about 300-400 unknown accused persons variously armed entered into the premises of police station and attacked on police personnel due to which they sustained injuries and also damaged the public property. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.26880 of 2022(2) dt.14-11-2022 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no overt act alleged against the petitioner. Other co-accused has been granted anticipatory bail vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Pothia P.S. Case No. 30 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T