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Patna High CourtCR. MISC./77649/2019bail granted

Nazrul Ansari @ Md. Nazrul Ansari v. The State Of Bihar

2019-11-28Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77649 of 2019 Arising Out of PS. Case No.-252 Year-2019 Thana- PIPRA District- East Champaran ====================================================== 1.

NAZRUL ANSARI @ MD. NAZRUL ANSARI Son of Late Nathuni Miyan Resident of Village- Muslim Tola, Chanp, P.S.- Pipra, District- East Champaran 2.

Reshma Khanjin W/o- Akbar Ansari Resident of Village- Muslim Tola, Chanp, P.S.- Pipra, District- East Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Pipra P.S. Case No. 252 of 2019 registered under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are quite innocent and have not committed any offence, they are the simple victim of false implication. Learned counsel submits that in the first information report specific allegations of assault have been attributed to the co-accused Akhtar Ansari and Hajrat Ansari, however petitioners have no

Patna High Court CR. MISC. No.77649 of 2019(2) dt.28-11-2019 2/3 criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that in the First Information Report specific allegations of assault have been attributed to the co-accused Akhtar Ansari and Hajrat Ansari and so far as these two petitioners are concerned, no specific allegations have been made against them and the injury report present at Annexure '2' & '2/1' shows one injury to each of the injured which have been specifically attributed to the named accused as also that these petitioners have no criminal antecedent, let the above-named petitioners, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Pipra P.S. Case No. 252 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself

Patna High Court CR. MISC. No.77649 of 2019(2) dt.28-11-2019 3/3 available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T