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Patna High CourtCR. MISC./67992/2022allowed

Aliraj Ansari @ Aliraza Hafiz @ Aliraza v. The State Of Bihar

2023-02-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67992 of 2022 Arising Out of PS. Case No.-306 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== 1.

ALIRAJ ANSARI @ ALIRAZA HAFIZ @ ALIRAZA Son of Hafijullah @ Hafijullah Mian R/V- Patkhauli, Chuhari, P.S- Chanpatia (Kumarbagh O.P) Dist- West Champaran 2.

Ausan Ansari @ Awsan Ansari Son of Hafijullah @ Hafijullah Mian R/VPatkhauli, Chuhari, P.S- Chanpatia (Kumarbagh O.P) Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 509, 504, 506, 34 of the Indian Penal Code.

Allegedly, after some altercation, petitioners along with other accused persons, assaulted the informant and his family members. Petitioner no.2 is said to have taken Rs. 6000/- from the pocket of the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. Both the

Patna High Court CR. MISC. No.67992 of 2022(2) dt.25-02-2023 2/2 parties are neighbours. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. Both sides have filed cases against each other. The injuries sustained by the victims are simple in nature. It is further submitted that after the investigation, the police had submitted final form in this case but the learned Court below differed with the police report and took cognizance against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the final form against the petitioners had been submitted by the police, 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 of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chanpatia (Kumarbag O.P.) P.S. Case No. 306 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T