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Patna High CourtCR. MISC./67063/2023allowed

Rustam Ansari v. The State Of Bihar

2024-01-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67063 of 2023 Arising Out of PS. Case No.-572 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Rustam Ansari Son of Late Ali Kura Ansari R/o vill - Bhela Chhapra, P.S. - Turkauliya, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3. As per the F.I.R., the allegation against the petitioner is that he along with other co-accused, namely, Riyazul Ansari has catch hold the son of the informant and other persons have assaulted the son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the

Patna High Court CR. MISC. No.67063 of 2023(3) dt.23-01-2024 2/2 petitioner is not specific rather general and omnibus in nature. The allegation of assaulting the son of the informant is against 7 named and 4-5 unknown persons. Injury report has not supported the allegation against the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposed the prayer for bail of the petitioner.

6. Having regard to the facts and circumstances of the case, there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Turkauliya P.S. Case No. 572 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T