Md. Hasibullah Ansari @ Hasibullah @ Habibullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29322 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== 1.
MD. HASIBULLAH ANSARI @ HASIBULLAH @ HABIBULLAH SON OF MD SHARIF MIYAN Resident of Village-Dumaria Baluwa Tola, PSBairiya, Dist-West Champaran, Bettiah, State-Bihar. 2.
FARMAN ANSARI @ FARMAN MIYAN @ FARMAN MIAN SON OF ALIHUSAIN MIYAN Resident of Village-Dumaria Baluwa Tola, PSBairiya, Dist-West Champaran, Bettiah, State-Bihar. 3.
SARATAL MIYAN @ SARATAL MIAN SON OF JAMADAR MIYAN Resident of Village-Dumaria Baluwa Tola, PS-Bairiya, Dist-West Champaran, Bettiah, State-Bihar.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341/323/324/307/427/504/34 of the IPC.
3. As per the prosecution case, all the F.I.R. named accused persons came armed with weapons and started beating the informant. Petitioner no.1 is said to have caught hold of the informant and co-accused assaulted him.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to
Patna High Court CR. MISC. No.29322 of 2023(3) dt.27-07-2023 2/2 ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is only allegation against the petitioner no.1 to catch hold the informant. Petitioner nos.1 and 2 have one criminal antecedent but the case was not found true against them and final report was submitted and petitioner no.3 has two criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bairiya P.S. Case No.223 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T