Majharul Hassan @ Majharul Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48126 of 2025 Arising Out of PS. Case No.-7 Year-2020 Thana- PALANWA District- East Champaran ====================================================== 1.
Majharul Hassan @ Majharul Ansari S/o- Late Fate Mahammd @ Bikau Ansari Village- GAd Bahauri Dakshani Tola Ps- Palanwa Dist- East Champaran 2.
Badrul Hasan Ansari @ Badrul Hasan S/o- Late FAte Mahammad @ Bikau Ansari Village- GAd Bahauri Dakshani Tola Ps- Palanwa Dist- East Champaran 3.
Thag Ansari S/o- Late Najir Ansari Village- Gad Bahauri Dakshani Tola PsPalanwa Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the State :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Palanwa PS. Case No.- 07 of 2020 dated 12.01.2020, registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506, 379 and 34 of the Indian Penal Code.
3. As per allegation, the informant and his brother were surrounded by the accused persons, including the petitioners and they were assaulted, causing injury on their person.
Patna High Court CR. MISC. No.48126 of 2025(2) dt.30-07-2025 2/3
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that even as per the FIR, there is no direct allegation against the petitioners to assault and petitioner No. 1 has allegedly given order to the accused to assault the informant and his brother. There is also no direct allegation of assault against the petitioner Nos. 2 and 3. He further submits that after investigation, police had filed final form closing the case, however, learned Magistrate has taken cognizance and hence, the petitioners have moved for anticipatory bail.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the
Patna High Court CR. MISC. No.48126 of 2025(2) dt.30-07-2025 3/3 date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Palanwa PS. Case No.- 07 of 2020, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) shoaib/- U T