Sabbir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62302 of 2018 Arising Out of PS. Case No.-108 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== Sabbir Ansari, Son of Alauddin Ansari Resident of Village- Sripur Basantpur, P.O. and P.S.-Sugauli, Distirct-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,379,354B,504 and 506/34 of the IPC and Section 27 of the Arms Act. The prosecution case as per the written report of Fatma Khatoon is to the effect that on 2.4.2018 the agnates and neighbours of the informant, four in number including the petitioner, came and misbehaved with the informant. On alarm being raised, the informant's husband came then he was also pushed down on the ground. It is also alleged that co-accused Zakir Ansari, Ajharuddin Ansari and Suleman Ansari took away gold jewellery and Rupees Fifty Thousand from the box. It is further alleged that co-accused Sarfuddin Ansari entered into the house of the informant, pushed down her husband and on the point

Patna High Court Cr.Misc. No.62302 of 2018(2) dt.11-12-2018 2/2 of revolver asked him to leave the village.

It is submitted by learned counsel for the petitioner that in the background of dispute in the family, the accusation has been levelled and the case being Sugauli P.S. Case No. 107 of 2018 has been lodged by cousin of the petitioner against the informant side is earlier in point of time.

Learned APP submits that accusation against the petitioner is specific in the FIR.

Considering the nature of accusation and the case lodged by the petitioner's side is earlier in point of time, coupled with the statement made in paragraph no. 3 to the effect that the petitioner is having no criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Sugauli P.S. Case No.108 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U