Md. Irfan @ Babu Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82831 of 2024 Arising Out of PS. Case No.-611 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Md. Irfan @ Babu Ansari S/O Md. Rafik R/O Village- Ajad Nagar, Tikri More, P.S- Aurangabad Town, Distt.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukul Kumari, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Aurangabad Town P.S. Case no. 611 of 2024 instituted for the offence under Sections 126(2), 115(2), 118(2), 352, 351(2), 3(5)of the B.N.S. Act of 2023 and Section 341, 323, 326, 504 and 506/34 of the Indian Penal Code.
3. The case of the prosecution is that the informant is having a mobile shop, one Babu Ansari has given his mobile for repairing and when the mobile was not repaired, he started abusing being accompanied by other persons. It is further alleged that all the accused persons assaulted Md. Danish Alam, Md. Rajiv
Patna High Court CR. MISC. No.82831 of 2024(2) dt.10-12-2024 2/3 Alam and Md. Adil by means of knife. It is also alleged in the FIR that Md. Adil received injury in his eye due to which he is having abrasion in the eye. It is further alleged that all the accused persons indiscriminately assaulted the informant and his elder brother. Accordingly, the FIR.
4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. During the course of argument, learned counsel for the petitioner submits that there is also a counter version of this case and from perusal of the injury report, it transpires that all the injuries are simple in nature. Further submission is that the nature of allegation is general and omnibus and the petitioner is having no criminal antecedent.
5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Aurangabad Town P.S. Case no. 611 of 2024, he will be enlarged on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.82831 of 2024(2) dt.10-12-2024 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Jagdish/- U