Nejam Ansari @ Nezamuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37817 of 2022 Arising Out of PS. Case No.-513 Year-2021 Thana- DHAKA District- East Champaran ====================================================== 1.

NEJAM ANSARI @ NEZAMUDDIN ANSARI Son of Late Israil Ansari Resident of Village - Jamua, P.S.- Dhaka, District - East Champaran. 2.

Sabbil Akhtar Ansari Son of Sameer Ansari Resident of Village - Jamua, P.S.- Dhaka, District - East Champaran.

3.

Ali Akhtar Ansari @ Akhtar Ansari Son of Samid Ansari Resident of Village - Jamua, P.S.- Dhaka, District - East Champaran. 4.

Samid Ansari Son of Late Roj Ansari Resident of Village - Jamua, P.S.- Dhaka, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

At the outset, learned counsel for the petitioners seeks permission to withdraw this application as against petitioner no.1 as during its pendency, he has been apprehended by police. Permission is granted.

This application with regard to petitioner no.1 is dismissed as withdrawn.

Patna High Court CR. MISC. No.37817 of 2022(2) dt.29-09-2022 2/3 Now, it is being heard for consideration of bail as against petitioner nos.2 to 4.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 323, 324, 307 and 379/34 IPC. Allegedly, all the FIR named accused persons including the petitioners have indiscriminately assaulted the informant and his nephew by means of various weapons.

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. 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. It is submitted that from perusal of the impugned order itself, it is clear the the injuries are simple in nature. The details of the injury report is mentioned in the impugned order. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioner nos.2 to 4, 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.

Patna High Court CR. MISC. No.37817 of 2022(2) dt.29-09-2022 3/3 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 Dhaka P.S. Case No.513 of 2021, G.R. No.1373/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T