Kamal Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69839 of 2019 Arising Out of PS. Case No.-515 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

Kamal Ansari Son of Late Jalil Ansari Resident of Village - Basmatiya, P.S.- Narpatganj (Basmatiya), Distt - Araria.

2.

Badiuzzama Ansari Son of Late Jalil Ansari Resident of Village - Basmatiya, P.S.- Narpatganj (Basmatiya), Distt - Araria. 3.

Ekhlak Ansari Son of Late Rahman Ansari Resident of Village - Basmatiya, P.S.- Narpatganj (Basmatiya), Distt - Araria. 4.

Irfan Ansari Son of Late Rahman Ansari Resident of Village - Basmatiya, P.S.- Narpatganj (Basmatiya), Distt - Araria. 5.

Arif Ansari Son of Late Ramhan Ansari Resident of Village - Basmatiya, P.S.- Narpatganj (Basmatiya), Distt - Araria. 6.

Jamshed Ansari Son of Suleman Ansari Resident of Village - Basmatiya, P.S.- Narpatganj (Basmatiya), Distt - Araria. 7.

Zahid Ansari Son of Muslim Ansari Resident of Village - Basmatiya, P.S.- Narpatganj (Basmatiya), Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner is apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 353, 188 and 225 of the Indian Penal Code. It is alleged that the informant being Station House Officer of Basmatiya O.P. went to arrest Jamal Ansari, who is wanted in connection with Case No. G.R.1790/04, when the petitioners and other 4-5 co-accused persons got Jamal Ansari

Patna High Court CR. MISC. No.69839 of 2019(2) dt.20-11-2019 2/2 released and obstructed the police in discharging official duty. It is submitted by learned counsel for the petitioners that the petitioners have falsely been roped in the present case since the petitioners are the family members of Jamal Ansari. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR.

Considering the thrust of accusation against coaccused Jamal Ansari and statement being made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj (Basmatiya) P.S. Case No. 515 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T