Md. Firoz Ansari @ Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23149 of 2020 Arising Out of PS. Case No.-815 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== 1.

MD. FIROZ ANSARI @ MD. FIROZ S/o Md. Saifullah Ansari Resident of Village- Damodari, Panapur Haveli, P.S.- Kanti, Distt- Muzaffarpur. 2.

Md. Nashim Ansari @ Nasim S/o Nasiruddin Ansari Resident of VillageDamodari, Panapur Haveli, P.S.- Kanti, Distt- Muzaffarpur. 3.

Md. Shamsul Ansari S/o Jumrati Ansari Resident of Village- Damodari, Panapur Haveli, P.S.- Kanti, Distt- Muzaffarpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr. Shailendra Kumar No. 1, APP For the Informant :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 397, 448, 337, 338, 325, 427 and 379 of the Indian Penal Code. The prosecution allegation, in short, is that the accused

Patna High Court CR. MISC. No.23149 of 2020(2) dt.30-09-2020 2/2 persons came to the house of the informant and assaulted him along with his family members due to which they sustained injuries. It has been submitted on behalf of the petitioners that the petitioner no. 3 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. The alleged occurrence is said to have taken place for petty reasons. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

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

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six 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 S.D.J.M., West, Muzaffarpur in connection with Kanti (Panapur O.P.) P.S. Case No. 815 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Pankaj/- (Sudhir Singh, J) U T