Abdul Haque @ Abdul Hak Ansari @ Abdul Haque Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82978 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== 1.
ABDUL HAQUE @ ABDUL HAK ANSARI @ ABDUL HAQUE ANSARI Son of Late Hussain Mian Resident of Village - Siswa, Police StationBishambharpur, District- Gopalganj. 2.
Shamsul Haque @ Samsul Haque Ansari @ Samshul Haque Ansari @ Samsul Haque Son of Jumrati Mian Resident of Village - Siswa, Police Station- Bishambharpur, District- Gopalganj.
3.
Idrish Ansari @ Md. Idrish @ Idris Ansari Son of Jumrati Mian Resident of Village - Siswa, Police Station- Bishambharpur, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh Kumar Singh For the Opposite Party/s :
Mrs.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bishambharpur P.S. Case No. 104 of 2019 for the offence registered under Sections 147, 148, 341, 342, 323, 324, 307 and 504 of the Indian Penal Code.
The allegation is regarding the accused persons including the petitioners herein having assaulted the informant and others.
The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.82978 of 2019(2) dt.21-01-2020 2/3 the petitioners have been falsely implicated in the present case and they are having clean antecedents. It is further submitted that a general and omnibus allegation has been levelled against the petitioners regarding assault on the informant and others, however, the injuries sustained by the injured persons are stated to be simple in nature. It is further submitted that the present case arises out of case and counter case and subsequently both the parties have also compromised and settled the disputes amicably.
Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioners coupled with the fact that the petitioners are having clean antecedents and the injuries found on the person of the injured are stated to be simple in nature, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail.
Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X,
Patna High Court CR. MISC. No.82978 of 2019(2) dt.21-01-2020 3/3 Gopalganj in connection with Bishambharpur P.S. Case No. 104 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T