Aslam Ansari @ Muswa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31388 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Aslam Ansari @ Muswa Son Of Bhola Miya R/O-Raghunathpur, P.S.- turkauliya, Distt.-east Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while he along with his son in-law and daughter were returning home, when he was dashed by a motorcycle on which three accused were sitting. Thereafter, people gathered and scolded the accused persons and they left. It is further alleged that thereafter, the informant along with his

Patna High Court CR. MISC. No.31388 of 2023(2) dt.26-07-2023 2/3 son in-law and daughter came to his house when the three accused along with some unknown persons came and abused him and when he came out of the house, one person fired, but he saved himself.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that F.I.R. was instituted against unknown and the name of the petitioner transpired in the confessional statement of Mustafa Alam in police custody, which does not have any evidentiary value. It is next submitted that even presuming what has been alleged is true without admitting, then Mustafa disclosed that it was Tabrej, who fired and the shot misfired and the petitioner was also present at the place of occurrence. It is next submitted that Tabrej has been granted the privilege anticipatory bail by order dated 26.07.2023 in Cr. Misc. No.29865 of 2023.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a person with clean antecedent, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his

Patna High Court CR. MISC. No.31388 of 2023(2) dt.26-07-2023 3/3 furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Motihari Town P. S. Case No.46 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T