Md. Ansarul Haque @ Ansarul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78378 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.

Md. Ansarul Haque @ Ansarul Son of Md. Nisar Resident of Village - Bakarpur, P.S. - Muffasil, District - Munger 2.

Md. Tamir @ Tamir Son of Abdul Ghaffar Resident of Village - Bakarpur, P.S. - Muffasil, District - Munger 3.

Md. Afroz @ Binda Son of Md. Ahmad Resident of Village - Bakarpur, P.S. - Muffasil, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hafiz Shahbaz Arif, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 379, 307, 34 of the Indian Penal Code and 27 of Arms Act.

3. As per FIR, the petitioners along with other co-accused persons are said to have fired upon the house of the informant indiscriminately. On objection, the accused persons abused and assaulted the informant and his family members brutally.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.78378 of 2024(2) dt.17-01-2025 2/3 that petitioners are quite innocent and have committed no offence. They have falsely been implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is totally false and based on concocted facts. He further submitted that though the police has recovered empty cartridges from the place of occurrence but there is no specific overt act against the petitioners. Similarly situated co-accused have been enlarged on bail by this court vide order dated 01.10.2024 passed in Cr. Misc. No. 62430 of 2024. Learned counsel further submits that petitioners have no criminal antecedent as mentioned in para 3 of the bail application.

5. Learned APP for the State opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, 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 court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.78378 of 2024(2) dt.17-01-2025 3/3 connection with Muffasil P.S. Case No.67 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T