Kalam Ansari @ Md. Kalam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28703 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

KALAM ANSARI @ MD. KALAM HUSSAIN Son of Jasmir Ansari 2.

Paras Mian Son of Mahmood Ansari Both are resident of village - Semra Parshurampur, P.S. - Turkauliya, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-07-2023

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for anticipatory bail apprehending their arrest in connection with Turkauliya P.S. Case no.66 of 2022 registered for the offence punishable under sections 307, 354, 354B, 147, 149, 341, 323, 324, 379, 427 and 506 of the Indian Penal Code.

3. As per the prosecution case, 11 named accused persons including the two petitioners herein as also 10-15 unknown accused persons are said to have come variously armed and of having assaulted the informant and her son with an intention of forcibly taking possession of her land.

4. Learned counsel for the petitioners submits that although the petitioners are named in the F.I.R. however the allegations are general and omnibus in nature. The case of the

Patna High Court CR. MISC. No.28703 of 2023(2) dt.19-07-2023 2/2 petitioners stands on a similar footing to that of co-accused who have been granted bail by a common order dated 30.1.2023 passed in Cr. Misc. no.69928 of 2022 and Cr. Misc. no.72030 of 2022.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioners in the F.I.R. together with grant of anticipatory bail to the above mentioned four co-accused, the two petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on anticipatory bail on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each in connection with Turkauliya P.S. Case no.66 of 2022 to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Partha Sarthy, J) Saurabh/- U T