Shahid Ansari @ Md Shahid Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29998 of 2025 Arising Out of PS. Case No.-264 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Shahid Ansari @ Md Shahid Ansari S/o Late Fakruddin @ Late Fakruddin Ansari R/o Village- Chandarpur, P.S.- Dhoraiya, District- Banka (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiw Kumar Prabhakar For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-05-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Dhoraiya P.S. Case No. 264 / 2024 dated 31.07.2024 registered under Sections 126(2), 115(2), 117(2), 76, 118(1), 127(2), 352, 351(2) and 3(5) of the B.N.S.
3. The prosecution case as per the F.I.R. is that on 29.07.2024 while the informant Mahmood Alam was irrigating his field, then the petitioner and other F.I.R. named accused came and assaulted the informant by sharp cutting weapon. When informant's son Samim Ansari and informant's wife Sima Khatoon intervened to rescue, then they too were assaulted by the petitioner and the co-accused persons by 'lathi' and iron rod.
4. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has
Patna High Court CR. MISC. No.29998 of 2025(2) dt.15-05-2025 2/3 falsely been implicated in this case. There is general and omnibus allegation against the petitioner. From perusal of the F.I.R. it is clear that there is hostile relation between the parties from earlier times and due to that the petitioner has falsely been implicated in this case. Though the occurrence has taken place on 29.07.2024 the F.I.R. has been lodged after two days delay on 31.07.2024 without any plausible explanation for the delay. Similarly situated co-accused Bibi Nuresha Khatoon @ Bibi Nursa Khatoon, Faruk Ansari and Sanaul Ansari @ Md. Sainullah have been extended the privilege of anticipatory bail by a co-ordinate Bench of this court in Cr. Misc. No. 27277 of 2025. The petitioners have no criminal antecedent.
5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that there is admitted land dispute between the parties, similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this court and the petitioners have no criminal antecedent, accordingly, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on
Patna High Court CR. MISC. No.29998 of 2025(2) dt.15-05-2025 3/3 furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with Dhoraiya P.S. Case No. 264 / 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J) praful/- U T