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Patna High CourtCR. MISC./59776/2023bail granted

Abdul Gaffar Ansari @ Gaffar Ansari @ Abdul Gafar Ansari v. The State Of Bihar

2023-09-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59776 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- PIPRA District- Supaul ====================================================== ABDUL GAFFAR ANSARI @ GAFFAR ANSARI @ ABDUL GAFAR ANSARI son of Md. Hasan Ansari village- W.No- 3, Maheshpur Ps- Pipra Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan Sinha, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Pipra P.S. Case No. 04 of 2023 dated 01.01.2023 registered for the offences punishable under Sections 341, 342, 323, 324, 307, 379 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, when the informant was cutting bamboo tree in his field then the petitioner and the co-accused person along with 5-6 unknown persons came at his

Patna High Court CR. MISC. No.59776 of 2023(2) dt.27-09-2023 2/3 door and the co-accused Umar Ansari ordered to kill the informant, upon which the petitioner assaulted him with iron rod on his right hand causing injury. Thereafter, the informant's sons came to rescue him, the accused persons also assaulted them with lathi and danda.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is case and counter case between the parties. Nothing has been recovered from the possession of the petitioner. It is further submitted that the informant sustained injuries which are simple in nature. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Pipra P.S. Case No. 04 of 2023, subject to the condition as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.59776 of 2023(2) dt.27-09-2023 3/3 Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T