Nazim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33555 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- BANKA District- Banka ====================================================== 1.

NAZIM ANSARI Son of Mannu Miyan Resident of village - Chubhiyatand, Police Station and District - Banka.

2.

Rafique Ansari Son of Late Jamhir Resident of village - Chubhiyatand, Police Station and District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Chandra Bhusan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The learned counsel for the petitioners submits that petitioner no. 1 has been arrested during pendency of the present anticipatory bail application, thus seeks permission to withdraw the present anticipatory bail application against him. Permission is accorded.

The petitioner no. 2 apprehends his arrest in connection with Banka P.S. case no. 87 of 2022 registered for the offences punishable under Sections 341, 323, 504, 506, 379, 307 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.33555 of 2022(2) dt.06-07-2022 2/3 petitioner is a person with clean antecedent and the informant alleges that while he along with his family members was fencing their land when the petitioner along with other named accused persons came and assaulted the informant and other family members with lathi and danda causing injuries. Learned counsel for the petitioner submits that the petitioner and the informant are related and after partition, the land which the informant is claiming as his own belongs to the petitioner's side as such the said land is also disputed, it is next submitted that admittedly the occurrence took place on account of land dispute and the thrust of the allegation is against Jamhir Ansari.

Learned A.P.P. for the State opposes the prayer for anticipatory bail application of the petitioner. Considering the submissions made by the learned counsel for the petitioner, the petitioner no. 2, in the event of his arrest or 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/- (Rupees Ten 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 Banka P.S. case no. 87 of 2022 subject

Patna High Court CR. MISC. No.33555 of 2022(2) dt.06-07-2022 3/3 to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/Rishik/- U T