Shahabuddin Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55054 of 2018 Arising Out of PS. Case No.-50 Year-2018 Thana- PALANWA District- East Champaran ======================================================
1. Shahabuddin Ansari, S/o Alauddin Ansari.
2. Rayeesh Ansari @ Md. Rayeesh Ansari, S/o Sahabuddin Ansari.
3. Anish Ansari @ Gudu Ansari, S/o Sahabuddin Ansari. All are residents of Village-Laukariya, P.S. Palanwa, District -East Champaran.
... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Gopal Govind Mishra, Advocate.
For the Opposite Party :
Mr. Anil Kumar Singh 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 447, 341, 323, 307, 379, 504 and 506/34 of the IPC.
The prosecution story, in brief, is that the petitioners started assaulting the informant with Iron rod, Lathi and Danda due to which, he fell down receiving pain and injury, then they again assaulted with legs and fists. The informant was also assaulted on his chest with leg due to which blood started oozing out from his mouth. The accused persons also wanted to kill the informant wrapping rope in his neck. On hulla, all
Patna High Court Cr.Misc. No.55054 of 2018(3) dt.26-11-2018 2/3 accused persons fled away after taking Rs. 2,000/- from the pocket of the informant. By the Villagers, the informant was taken to Ramgarhawa Hospital and from there Sadar Hospital, Motihari for treatment.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is case and counter case between the parties. General and omnibus allegation has been made against the petitioners. The alleged occurrence has taken place due to petty reason.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned S.D.J.M. Raxaul at Motihari in connection with Palanwa P.S. Case No. 50 of 2018, subject to the conditions as laid down under Section
Patna High Court Cr.Misc. No.55054 of 2018(3) dt.26-11-2018 3/3 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T