Md. Jakir Ansari @ Md. Faruque Ansari @ Md. Jafir Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59855 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- DHORAIYA District- Banka ====================================================== 1.
Md. Jakir Ansari @ Md. Faruque Ansari @ Md. Jafir Ansari Son of Late Maksud Ansari Village- Ahiro, P.S.- Dhoraiya, District- Banka 2.
Md. Asgar Ali @ Md. Asgar Son of Late Maksud Ansari Village- Ahiro, P.S.- Dhoraiya, District- Banka 3.
Md. Arif Ansari Son of Noor Mohammad Village- Ahiro, P.S.- Dhoraiya, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Adv.
For the Opposite Party/s :
Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 326, 307, 120B of the Indian Penal Code and Sections 3, 4 and 5 of Explosive Substance Act and later Section 304 of the I.P.C. has also been added.
3. As per the prosecution case, police got information that a bomb exploded in the village Ahiro Muslim Tola near the door of the co-accused, Md. Ismail, due to that four children were severely injured, thereafter police proceeded to the place
Patna High Court CR. MISC. No.59855 of 2024(3) dt.18-10-2024 2/3 of occurrence and came to know that the petitioners and the coaccused persons kept the bomb inside their house. On search, gun powder and other substances which were used in making bomb, were recovered from the hut of the co-accused Md. Ismail.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The name of the petitioners have transpired in this case merely on suspicion. The petitioners have no concern with the alleged occurrence. The co-accused has been granted regular bail by this Court vide order dated 23.09.2024 in Cr. Misc. No. 62777 of 2024. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the
Patna High Court CR. MISC. No.59855 of 2024(3) dt.18-10-2024 3/3 like amount each to the satisfaction of the learned court concerned, Banka in connection with Dhoraiya P.S. Case No. 130 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T