Naushad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41536 of 2022 Arising Out of PS. Case No.-681 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

NAUSHAD ANSARI SON OF LATE TEZAMUL ANSARI R/O MAHANWA, BAKULIA TOLA, P.S.- MAJHAULIA, DISTT.- WEST CHAMPARAN 2.

IRSHAD ANSARI @ MD. JUMAN ANSARI SON OF LATE TEJAMUL ANSARI R/O MAHANWA, BAKULIA TOLA, P.S.- MAJHAULIA, DISTT.- WEST CHAMPARAN 3.

MOHAMMAD JUMMAN ANSARI @ JUMAI ANSARI SON OF LATE SABAEE ANSARI @ LATE SUBBA ANSARI R/O MAHANWA, BAKULIA TOLA, P.S.- MAJHAULIA, DISTT.- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Majhaulia P.S. Case no. 681 of 2021 instituted for the offence punishable under Sections 341, 323, 324, 307, 354(B), 379, 504 and 34 of the Indian Penal Code.

As per allegation in the FIR, accused persons were planted crops of corn in the land of the informant on which he forbade them to do so then accused persons started to abuse and assault him with weapons in their hands. Petitioner no. 1 and 2 started to drag him by

Patna High Court CR. MISC. No.41536 of 2022(2) dt.07-12-2022 2/2 gamcha wrapping in his neck. When his son and wife came there to rescue him, they were also beaten up by them. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. He has got no criminal antecedent. Both are agnates. There is case and counter case. Members of both sides have received injuries in the alleged incident.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Majhauliya P.S. Case no. 681 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U