Hazrat Ansari @ Hajrat Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67069 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== Hazrat Ansari @ Hajrat Ansari S/o Akuf Ansari @ Akuk Ansari R/o VillageArya Nagar, P.S.- Balthar, Distt- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Balthar P.S. Case No. 44 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 337, 338, 353, 186 and 188 of the Indian Penal Code (for short 'I.P.C.').
The accused/petitioner is named in the F.I.R. and is in custody since 28.03.2022.
The allegation against the petitioner is to obstructing road and to create hindrance in transportation and when the informant alongwith police parties reached there, the mob including this petitioner became aggressive and made an attempt
Patna High Court CR. MISC. No.67069 of 2022(2) dt.24-02-2023 2/3 to assault police parties with deadly weapons and also to deter them to discharge their official functions. It is also alleged that obstruction of road was caused to lodged protest against death of a person in judicial custody.
Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in present case and moreover, the allegation against this petitioner is appearing very much general and omnibus. It is submitted that the name of petitioner surfaced on the basis of input provided by village chaukidar, where petitioner was not apprehended on spot. It is also pointed out that similarly situated co-accused persons have already been granted anticipatory bail through Cr. Misc. No. 74823 of 2022 vide order dated 31.01.2023 by one of the learned Co-ordinate Bench of this Court. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP for the State opposes the prayer of bail. Considering the facts and circumstances as mentioned above and by taking note of the fact as nature of allegation
Patna High Court CR. MISC. No.67069 of 2022(2) dt.24-02-2023 3/3 appearing very much general and omnibus against this petitioner on its face coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Balthar P.S. Case No. 44 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, West Champaran, Bettiah/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T