Md. Diss @ Md Danish Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66074 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- LACHHUAR District- Jamui ====================================================== 1.

Md. Diss @ Md Danish Ansari Son of Md. Gulam Bari @ Md. Maksud Alam Village- Sabalbigha, Ps- Lachhuar, Dist- jamui 2.

Md. Imtiyaz @ Md. Imtiyaz Ansari Son of Md. Siraj Ansari @ Sarajuddin Village- Sabalbigha, Ps- Lachhuar, Dist- jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 324, 353/34 of the Indian Penal Code and 37 of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that an information was received that members of two communities are scuffling with each other. Accordingly, he along along with the police force reached the place of occurrence and found that persons from both sides were

Patna High Court CR. MISC. No.66074 of 2024(2) dt.12-09-2024 2/3 lying injured and the occurrence had taken place on account of earlier dispute which was brewing in between the parties and one person was apprehended, who was drunk.

4. The learned counsel for the petitioners submit that petitioners have been falsely implicated in the instant case by the informant. It is also submitted that it is not the case of the prosecution that petitioners were found drunk but then it is alleged that members of the two communities on account of an earlier dispute scuffled with each other, leading to injury which is simple in nature.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court 1st Jamui in connection with Lachhuar P.S. Case No. 106 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before

Patna High Court CR. MISC. No.66074 of 2024(2) dt.12-09-2024 3/3 accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J.) Sudhanshu/- U T