Ali Hussain @ Tin Kaudi Mian @ Ali Hussain Ansari @ Ali Hussain Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61622 of 2022 Arising Out of PS. Case No.-257 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== 1.

ALI HUSSAIN @ TIN KAUDI MIAN @ ALI HUSSAIN ANSARI @ ALI HUSSAIN MIAN Son of Late Juman Mian Residence of Village - Bawariya, P.S.- Paharpur, District - East Champaran. 2.

Imran Ansari Son of Ali Hussain @ Tin Kaudi Mian @ Ali Hussain Ansari @ Ali Hussain Mian Residence of Village - Bawariya, P.S.- Paharpur, District - East Champaran.

3.

Kamaluddin Mian @ Kalamuddin Mian Son of Idris Mian Residence of Village - Bawariya, P.S.- Paharpur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 295, 323, 324, 325, 307, 153, 427, 504 and 506 of the Indian Penal Code pending in the learned court below. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits

Patna High Court CR. MISC. No.61622 of 2022(2) dt.10-01-2023 2/2 petitioner is only a member of the mob. He further submits that petitioners have got one criminal antecedent as stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application and submitted that the petitioners have disturbed the harmony of the society. Hence, they do not deserve anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail in connection with Paharpur P.S. Case No. 257/2022. Accordingly, their prayer for anticipatory bail is hereby rejected.

However, petitioners are directed to surrender before the learned Court below within a period of six weeks from today and seek regular bail and the learned Court below would pass the order, preferably, on the same day, in accordance with law without being prejudiced to the present order considering the fact that there is no specific overt act against the petitioners. (Anjani Kumar Sharan, J) ajay/- U T