Umar Faruk Ansari @ Umar Faruk v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83445 of 2024 Arising Out of PS. Case No.-150 Year-2017 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.

Umar Faruk Ansari @ Umar Faruk Son of Late Abdul Samad Ansari Resident of Village- Bhawanipur, P.S.- Kundwa Chainpur, District - East Champaran 2.

Md. Shamsher Ansari @ Ali Akbar Shamsher Son of Late Abdul Samad Ansari Resident of Village- Bhawanipur, P.S.- Kundwa Chainpur, District - East Champaran 3.

Javed Ansari @ Bablu @ Md. Javed, Son of Abdul Wahab Ansari Resident of Village- Bhawanipur, P.S.- Kundwa Chainpur, District - East Champaran 4.

Okaish Ansari @ Vokash Ansari, Son of Md. Samullah Ansari Resident of Village- Bhawanipur, P.S.- Kundwa Chainpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Kundwa Chainpur P.S. Case No. 150 of 2017, instituted under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.

3. As per the prosecution case, on 14.10.2017 at about 8 A.M. when informant came outside from his house he saw dirty water is coming towards his house. On objection, F.I.R.

Patna High Court CR. MISC. No.83445 of 2024(2) dt.11-12-2024 2/3 named accused persons including the petitioners armed with weapons came there and started abusing and assaulting the informant causing injury. When informant's son came there, the accused persons assaulted him on his stomach. Accused persons also took Rs. 3,000/- from the pocket of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to village politics. Charge-sheet against the petitioners was submitted under the bailable Section, however learned Court below took cognizance under Section 307 of the Indian Penal Code also. Earlier petitioners were on police bail. He further submits that injury of the injured is simple in nature. Petitioners undertake to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikarhana at Dhaka, East Champaran in

Patna High Court CR. MISC. No.83445 of 2024(2) dt.11-12-2024 3/3 connection with Kundwa Chainpur P.S. Case No. 150 of 2017, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J) rakhi/- U T