Md. Ansarul And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68477 of 2018 Arising Out of PS. Case No.-468 Year-2017 Thana- FORBESGANJ District- Araria ======================================================

1. MD. ANSARUL and ORS S/o Md. Kafiluddin, Resident of VillageMadarganj, P.S.- Simraha Forbesganj, District- Araria.

2. Md. Kafiluddin @ Md. Kafil, S/o Md Ismail, Resident of Village- Madarganj, P.S.- Simraha Forbesganj, District- Araria.

3. Md. Mansur @ Md. Manzor, S/o Md. Kafil, Resident of Village- Madarganj, P.S.- Simraha Forbesganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ambrish Rahul For the Opposite Party/s :

Mr.Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of land dispute, the accused persons abused and assaulted the informant, as a result of which, the informant sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the

Patna High Court Cr.Misc. No.68477 of 2018(3) dt.17-01-2019 2/2 present case. There is case and counter case between the parties. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 468 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T