Munna Ansari @ Muntaj Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72129 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- BELHAR District- Banka ====================================================== 1.
Munna Ansari @ Muntaj Ansari W/o- Wakil Ansari Resident of villageTengra Police station- Belhar District- Banka 2.
Wakil Ansari S/o- Rafik Ansari Resident of village- Tengra Police stationBelhar District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Najmul Hodda, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Belhar P.S. Case No.153 of 2024 instituted under Sections 341, 323, 354, 307, 324, 379, 504, 506 and 34 of the I.P.C.
3. As per prosecution case, the petitioners along with co-accused persons assaulted the informant, his wife, his son and his daughter-in-law by means of knife, khanti and sword. It is also alleged that the accused persons looted away the household articles and cash.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.72129 of 2024(2) dt.25-10-2024 2/3 petitioners are innocent and have falsely been implicated in this case due to land dispute. There is no specific allegation against petitioners. The dispute arose between the parties for erecting boundary wall in which scuffle took place and both parties got injured. Thereafter the matter was compromised between the parties but the informant has filed the F.I.R. against the accused persons with false allegations. The injuries sustained by the injured do not support the prosecution case. It is also submitted that similarly situated co-accused persons have been granted anticipatory bail by this Court vide order dated 04.09.2024 passed in Cr.Misc.No.57161 of 2024. He next submits that petitioners have no criminal antecedent and they undertake to cooperate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No.153
Patna High Court CR. MISC. No.72129 of 2024(2) dt.25-10-2024 3/3 of 2024, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T