Md. Jasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71014 of 2022 Arising Out of PS. Case No.-212 Year-2022 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.

MD. JASIM Son of Md. Idrish Resident of Village- Kumarpur, P.S.- Bihariganj, District- Madhepura 2.

ANGUR ANSARI Son of Md. Jasim Resident of Village- Kumarpur, P.S.- Bihariganj, District- Madhepura 3.

MD. TANBIR ANSARI Son of Idrish Ansari Resident of Village- Kumarpur, P.S.- Bihariganj, District- Madhepura 4.

CHANO ANSARI Son of Mohshim Asari Resident of Village- Kumarpur, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 323, 341, 307, 379, 504, 506 and 34 of the Indian Penal Code pending in the learned court below.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is specific allegation against the petitioner no.2 to assault the Bibi Nasrin Khatoon and the injuries found upon her is grievous in nature. He submits that there is general and omnibus allegation agianst the petitioner no.1, 3 and 4. He further submits that petitioners have got no

Patna High Court CR. MISC. No.71014 of 2022(2) dt.31-01-2023 2/2 criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the facts and circumstances of the case and the fact that there is specific allegation against the petitioner no.2 to assault the sister-in-law of the informant, I am not inclined to enlarge the petitioner on bail in connection with Bihariganj P.S. Case No. 212/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

Considering the aforesaid facts and circumstances and the fact there is general and omnibus allegation against the petitioner nos.1, 2 & 4, let the petitioner nos.1, 3 & 4, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bihariganj P.S. Case No.212/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T