Md. Babloo Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86821 of 2019 Arising Out of PS. Case No.-592 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== 1.

Md. Babloo Ansari, S/O- Late Md. Ibrahim Resident of - Chitkohra Basti, Sultan Footwear, Phulwari, P.O.- Anishabad, P.S.- Gardanibagh, DistrictPatna. 2.

Mrs. Nagma Khatoon, W/O- Md. Babloo Ansari Resident of - Chitkohra Basti, Sultan Footwear, Phulwari, P.O.- Anishabad, P.S.- Gardanibagh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Samir Kumar For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 379 and 506 of the IPC.

The prosecution case, as per the written report of Md. Imtiyaj Ansari, submitted to the Station House Officer, Gardanibagh Police Station, is to the effect that on 06.10.2019 at about 1.00 P.M., when the informant reached to his shop, in the meantime, all the FIR named accused persons including the petitioners came, started assaulting the informant and snatched a gold chain and cash of Rs. 12,000/- from the informant.

Patna High Court CR. MISC. No.86821 of 2019(2) dt.24-02-2020 2/3 It is submitted by learned counsel for the petitioners that the informant is the own brother of petitioner no.1 and in the background of property dispute, the accusation has been levelled against the petitioners. It is further submitted that there is counter version of the occurrence also being Gardanibagh P.S. Case No. 593 of 2019, registered by the petitioners' side against the informant's side. The injury has been found simple, however, opinion with regard to the injury has been kept reserved. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the genesis of occurrence and there being counter version of the occurrence, coupled with fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub Judge-XIV-cum-ACJM, Patna in connection with Gardanibagh P.S. Case No. 592 of

Patna High Court CR. MISC. No.86821 of 2019(2) dt.24-02-2020 3/3 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T