Alam Ansari @ Md. Alam Ansari@ Aslam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2787 of 2023 Arising Out of PS. Case No.-40 Year-2016 Thana- DUMARIYA District- Gaya ====================================================== 1.

Alam Ansari @ Md. Alam Ansari@ Aslam Ansari Son Of Late Sadique Ansari R/O Village- Adarchak, P.S.- Dumaria, District- Gaya 2.

Tazaq Ansari @ Md. Tajuddin Ansari Son Of Late Sidique Ansari R/O Village- Adarchak, P.S.- Dumaria, District- Gaya 3.

Arbaz Ansari @ Arabaz Jahan Son Of Rajjak Ansari R/O Village- Adarchak, P.S.- Dumaria, District- Gaya 4.

Sadique Ansari @ Md. Sadil Ansari Son Of Alam Ansari R/O VillageAdarchak, P.S.- Dumaria, District- Gaya 5.

Minni Khatoon Wife Of Rafique Ansari R/O Village- Adarchak, P.S.- Dumaria, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Dumaria P.S. Case No. 40 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 504, 323, 324, 325, 307, 302, 448, 380 of the Indian Penal Code. As per the FIR, all the FIR named accused persons including the petitioners came with deadly weapons and started assaulting the family members of the informant causing

Patna High Court CR. MISC. No.2787 of 2023(5) dt.04-05-2023 2/3 injuries to them and during the course of treatment informant's father and uncle has died.

Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. It is further submitted that there is no specific over act has been attributed against the petitioners and there is general and omnibus allegation levelled against the petitioners. Learned counsel for the petitioners submitted that similarly situated co-accused have already been granted anticipatory bail by co-ordinate Bench of this Court in Cr. Misc. No. 26696 of 2021 vide order dated 02.03.2022. It is further submitted that petitioners have clean antecedents as stated in para-3 of this application.

Considering this fact that there is no specific overt act attributed against the petitioners and similarly situated coaccused persons have already been granted anticipatory bail by co-ordinate Bench of this Court, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Sessions Judge -X, Gaya in Dumariya P.S. Case No.

Patna High Court CR. MISC. No.2787 of 2023(5) dt.04-05-2023 3/3 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T