Munna Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67813 of 2022 Arising Out of PS. Case No.-110 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== 1.

MUNNA ANSARI Son of Ajimullah Ansari R/V- Mathiya, P.S- Rajepura, Dist- East Champaran 2.

Iqbal Ansari @ Iqbal Hussain Ansari Son of Late Sohbat Ansari R/VMathiya, P.S- Rajepura, Dist- East Champaran 3.

Rahmatullah Ansari @ Md. Rahmatullah Ansari Son of Late Afjal Ansari R/V- Mathiya, P.S- Rajepura, Dist- East Champaran 4.

Mainuddin Ansari @ Md. Mainuddin Ansari Son of Late Afjal Ansari R/VMathiya, P.S- Rajepura, Dist- East Champaran 5.

Sadre Ansari @ Sadre Alam Ansari @ Sadre Alam Son of Munna Ansari R/V- Mathiya, P.S- Rajepura, Dist- East Champaran 6.

Hasina Khatoon Wife of Md. Alam R/V- Bhaualidih, PS- Rajepur, Dist- East Champaran 7.

Jinnat Khatoon @ Ninnat Khatoon Daughter of Md. Alam R/V- Bhaualidih, PS- Rajepur, Dist- East Champaran 8.

Afroj Ansari @ Md. Afroj Ansari Son of Hafiz Ansari R/V- Darhipatti, P.SMinapur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bal Govind Sharma, Adv.

For the Opposite Party/s :

Mrs.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 323, 307, 354, 379, 147, 148, 149, 341, 504, 506 of the IPC.

Patna High Court CR. MISC. No.67813 of 2022(2) dt.19-01-2023 2/3 Allegedly all the accused persons named in the F.I.R. including the petitioners assaulted the informant and her husband.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. They have been falsely implicated in this case due to the admitted land dispute. The parties are agnates. It is further submitted that the occurrence took place on 20.05.2022 but F.I.R. was lodged on 08.06.2022 i.e. after delay of 19 days without giving any plausible explanation which creates doubt about the prosecution case. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the delay in lodging the F.I.R., let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties

Patna High Court CR. MISC. No.67813 of 2022(2) dt.19-01-2023 3/3 of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rajepur P.S. Case No.110 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T