Md. Kasim Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54466 of 2015 Arising Out of PS.Case No. -49 Year- 2014 Thana -SC/ST District- SITAMARHI ======================================================
1. Md. Kasim Ansari
2. Md. Hashim Ansari sons of Tastim Ansari
3. Md. Mokim Ansari son of Late Subdil Ansari @ Subdalli Ansari .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-12-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 448, 354, 504/34 of the Indian Penal Code and section 3(1) (x) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Accusation is of abusing by calling caste name, threaten to vacate the land and making assault to the informant. It is submitted by learned counsel for the petitioners that accusation is of omnibus and general and the accusation has been levelled in the background of land dispute being Land Dispute Redressal Case No.182/14 pending between the parties
Patna High Court Cr.Misc. No.54466 of 2015 (2) dt.02-12-2015 2/2 from before. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Admittedly, the occurrence took place at the door of the informant, which cannot be treated as a public view and for the occurrence of 19.12.2014, the FIR was registered on 21.12.2014. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Sitamarhi SC/ST P.S. Case No.49 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T