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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59779 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- TILAUTHU District- Rohtas ====================================================== 1.

GAFFAR ANSARI @ MD. GAFAR @ MD. GAFFAR son of Sarfuddin Ansari village- Baradih Ps- Tilauthu Dist- Rohtas 2.

Gulzar Ansari @ Md. Gulzar Ansari son of Gaffar Ansari @ Md. Gafar @ Md. Gaffar Ansari village- Baradih Ps- Tilauthu Dist- Rohtas 3.

Dabloo Ansari son of Enalhak Ansari @ Ainul Hak Ansari village- Baradih Ps- Tilauthu Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 Learned counsel for the petitioners 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 petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Tilauthu P.S. Case No. 17 of 2023 dated 27.01.2023 registered for the offences punishable under Sections 341, 323, 337, 307, 379, 325, 504, 506 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners are

Patna High Court CR. MISC. No.59779 of 2023(2) dt.27-09-2023 2/3 alleged to have started abusing the informant near the house of Heera Singh. On being objected by the informant, they started assaulting her. It is further alleged that when the informant raised alarm then her two sons came to save her then the accused persons also assaulted them with lathi, danda, stone and bricks due to which they sustained head injuries.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. Nothing has been recovered from the possession of the petitioners. It is further submitted that the informant's sons sustained injury which is simple in nature. The petitioners have 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 petitioners.

7. 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/-(Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned Court concerned, Dehri on Sone, Rohtas at Sasaram in connection with Tilauthu

Patna High Court CR. MISC. No.59779 of 2023(2) dt.27-09-2023 3/3 P.S. Case No. 17 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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