Rustam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77872 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- SURYAPURA District- Rohtas ====================================================== 1.

Rustam Ansari S/O Ali Ansari @ Oil Ahmad @ Ali Ahmad R/O VillageMadaina, P.S- Suryapura, District- Rohtas. 2.

Jainul Ansari S/O Ali Ansari @ Oli Ahmad @ Ali Ahmad R/O VillageMadaina, P.S- Suryapura, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Suryapura Police Station Case No. 118 of 2024, dated 01.05.2024, disclosing offences under Sections 341/323/324/326/307/504/506/147/148/149/325 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that there was partition of land amongst the brothers of the informant, accordingly, the informant started constructing a house on his land. The petitioners, along with other accused persons, caught hold of the informant

Patna High Court CR. MISC. No.77872 of 2024(2) dt.25-11-2024 2/3 and co-accused Oli Ahmed @ Ali Ahmed gave knife blow to the informant due to which he sustained injury on the left side of the back and right side of the shoulder.

4. Learned counsel for the petitioners submits that both the parties are co-sharer and there is land dispute between them. He next submits that the petitioners are close relative of the informant and allegation of assault is upon the co-accused Oli Ahmed @ Ali Ahmed and only allegation against the petitioners is that they allegedly caught hold of the informant.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-sharer and are close relatives, there is land dispute between them and the petitioners are not the assailants, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.77872 of 2024(2) dt.25-11-2024 3/3 Judicial Magistrate, Bikramganj, Rohtas, in connection with Suryapura Police Station Case No. 118 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T