Samsul Haque @ Samsul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69928 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

MAULADIN ANSARI @ MALAUDDIN ANSARI Son of Shaukat Ansari @ Jaukri Ansari Resident of Village- Semra Tola, Parshuram Pur, P.S.- Turkauliya, District- East Champaran 2.

ASHIK MIYAN Son of Jabdali Miyan Resident of Village- Semra Tola, Parshuram Pur, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 72030 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

SAMSUL HAQUE @ SAMSUL ANSARI SON OF MD. ISLAM R/O VILLAGE- SEMRA TOLA, PARSHURAMPUR, TURKAULIYA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN 2.

SUGIYA KHATOON WIFE OF GAYASUDDIN MIYA R/O VILLAGESEMRA TOLA, PARSHURAMPUR, TURKAULIYA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 69928 of 2022) For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Awadhesh Kumar Singh (In CRIMINAL MISCELLANEOUS No. 72030 of 2022) For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of

Patna High Court CR. MISC. No.69928 of 2022(2) dt.30-01-2023 2/3 parties, they are being heard together and disposed of by this common order.

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 147, 149, 341, 323, 324, 354, 354B, 307, 379, 427 and 506 of the Indian Penal Code.

All the F.I.R. named accused persons including these petitioners in furtherance of their common intention armed with deadly weapons are said to have assaulted the informant and his son with intention to kill them due to which they sustained injuries.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.69928 of 2022(2) dt.30-01-2023 3/3 case, 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 Turkauliya P.S. Case No.66 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T