Niyazuddin Ansari @ Nayazuddin Ansari @ Niyaz Ahmad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54216 of 2016 Arising Out of PS.Case No. -634 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Niyazuddin Ansari @ Nayazuddin Ansari @ Niyaz Ahmad, Son of Late Hafijulla Ansari,

2. Arshad Ansari, Son of Niyazuddin Ansari @ Nayazuddin Ansari @ Niyaz Ahmad Both are Resident of Mohalla- Bhabua Ward No. 8 (Old)/ 22 (New), P.S.- Bhabua, District- Kaimur (Bhabua). .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Bhabua P.S. Case No. 634 of 2016 for the offence instituted under Section 436/34 of the Indian Penal Code. The allegation against the petitioners is of setting a room of the informant on fire by sprinkling kerosene oil. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. The informant is his own brother of the petitioner no.1. The house in

Patna High Court Cr.Misc. No.54216 of 2016 (2) dt.21-12-2016 2/2 question belongs to the petitioners as per Annexure-2 to the present application, which is a Deed of Gift. There is a Title Suit also pending in respect to the property in question. The present case has been instituted due to property dispute among the brothers.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Bhabua P.S. Case No. 634 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Kaimur at Bhabua, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T