Suhel Ansari @ Md. Suhel Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66814 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

Suhel Ansari @ Md. Suhel Ansari S/o- Md. Mustafa Azad Resident of Kanai Thakuri P.S- Charpokhari district-Bhojpur 2.

Md. Firoj Ansari @ Firoj Ansari Son of Md. Mustafa Azad Village- Kanai Dhob Diha Ps- Charpokhari Dist- Bhojpur 3.

Md. Taiyab Ansari @ Taiyab Ali @ Md. Taiyab Ali Son of Md. Mustafa Azad Village- Kanai Ps- Charpokhari Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Charpokhari P.S. Case no. 130 of 2024 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.

3. The prosecution case is that all the accused persons suddenly arrived with 'sword' and 'iron rod' and started assaulting the informant. Accused, Md. Taiyab Ansari assaulted Khurshid Alam with 'sword' in order to save his head, his left

Patna High Court CR. MISC. No.66814 of 2024(2) dt.25-10-2024 2/3 hand was injured. After that Md. Firoz assaulted Jamaluddin with 'iron rod' on his head. Jammaluddin sustained a head injury and fell down. Md. Suhel Ansari assaulted Jehangir with 'iron rod' which resulted him head injury. It is further alleged that all the accused persons entered the house of the informant and also assaulted the female members of the house and took valuable items and cash. Accordingly, the FIR,

4. Learned counsel for the petitioner has submitted that petitioners are innocent and have falsely been implicated in connection with the present case. It is further submitted that the present case is counter blast of the case which has been filed by the wife of Md. Suhel Ansari. It has been submitted that since the marriage of petitioner no. 1 with Yasmin Parveen was a love marriage which was not accepted, after some time when they came to their house, informant has filed this case in retaliation. It is also submitted that in the counter case also, the informant's party has granted anticipatory bail by this Court. It is further submitted that the petitioners are having no criminal antecedent and the nature of injury is simple in nature.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in

Patna High Court CR. MISC. No.66814 of 2024(2) dt.25-10-2024 3/3 the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Charpokhari P.S. Case no. 130 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhojpur at Ara subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T