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Patna High CourtCR. MISC./73856/2022allowed

Md. Iliyash Ansari v. The State Of Bihar

2023-06-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73856 of 2022 Arising Out of PS. Case No.-85 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== MD. ILIYASH ANSARI S/o Suleman Ansari R/o Village- Mohanpur, P.S.- Parasbigha (Jehanabad), Distt- Jehanabad, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Kumar Sinha For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused persons assaulted the informant due to which he got injured.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case at the instance of his enemies. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Petitioner has no

Patna High Court CR. MISC. No.73856 of 2022(4) dt.20-06-2023 2/2 criminal antecedent, which is also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail by fairly submitting that though the injury of the informant is grievous in nature but there is general and omnibus allegation against the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Parasbigha P.S. Case No.85 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T