Farooque Ansari @ Md. Farooque Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50340 of 2018 Arising Out of PS. Case No.-166 Year-2018 Thana- GANDHIMAIDAN District- Patna ======================================================

1. Farooque Ansari @ Md. Farooque Ansari

2. Jalil Ansari @ Md. Jalil Ansari, Both S/o Abdul Ansari @ Md. Abdullah Ansari, Resident of Village- Phulwarisharif, P.S.- Phulwarisarif, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 324, 504, 307/34 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was working at a shop, the accused persons came and assaulted him due to which he sustained injury. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Due to previous enmity, the petitioners have been

Patna High Court Cr.Misc. No.50340 of 2018(5) dt.05-12-2018 2/2 implicated in the present case. A single chura blow is alleged to have been given by the petitioner. The case diary does not bear any injury report from which it can be ascertained whether offence under Section 307 IPC is made out. It is at best an offence under Section 325 IPC.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-JudgeVI-cum-A.C.J.M., Patna in connection with Gandhi Maidan P.S. Case No. 166/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T