Sarif Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43454 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== 1.

SARIF ANSARI Son of Late Aas Mohammad Ansari Resident of Maldahiya, P.S.- Shikarpur, District - West Champaran. 2.

Gulam Sarwar Ansari Son of Woli Mohammad Miyan Resident of Maldahiya, P.S.- Shikarpur, District - West Champaran. 3.

Kalim Ansari Son of Late Diljan Ansari Resident of Maldahiya, P.S.- Shikarpur, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioner seeks permission to withdraw this application with regard to petitioner no.3.

3. Permission is accorded.

4. Accordingly, this application is dismissed as withdrawn with regard to petitioner no.3.

5. Now, this application is being heard with regard to petitioner nos.1 & 2 only.

6. Heard learned counsel for the rest of the petitioners and learned APP for the State.

7. The petitioners are apprehending their arrest in a

Patna High Court CR. MISC. No.43454 of 2023(2) dt.18-08-2023 2/3 case registered for the offences punishable under Sections 147, 341, 324, 323, 307, 354B, 379, 504 and 506 of the Indian Penal Code pending in the learned court below.

8. As per the prosecution case, petitioners along with other co-accused persons are said to have assaulted the informant and his family members by means of deadly weapons.

9. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

10. Learned APP for the State opposes the prayer for bail.

11. Considering the aforesaid facts and circumstances and the fact that there is general and omnibus allegations levelled against the petitioners, let the petitioner nos. 1 & 2, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be

Patna High Court CR. MISC. No.43454 of 2023(2) dt.18-08-2023 3/3 released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Shikarpur P.S. Case No.25 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T