Shamim Ansari Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10972 of 2024

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Arising Out of PS. Case No.-156 Year-2023 Thana- DHANSOI District- Buxar

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======================================================

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Shamim Ansari Son Of Kalamuddin Ansari Resident Of Village- Mohanpur, Ps- Dhansai, Distt- Buxar

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Zarina Khatun @ Zarina Bibi Daughter Of Kalamuddin Ansari Resident Of Village- Mohanpur, Ps- Dhansai, Distt- Buxar

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Taibun Khatun @ Taimun Khatun Wife Of Kalamuddin Ansari Resident Of Village- Mohanpur, Ps- Dhansai, Distt- Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 27-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The Petitioners are apprehending their arrest in a case registered for the offences punishable u/s 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

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The prosecution case, in short, is that all the accused persons came at the grocery shop of the informant and started abusing the informant. On being objected by the informant, the accused persons started assaulting the informant on his head with sharp weapon (baisakhi) causing head injury. On hulla, the

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Patna High Court CR. MISC. No.10972 of 2024(2) dt.27-02-2024 2/3

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informant’s wife came and saw that accused Shamim Ansari with danda in his hand and some articles of informant’s shop and other accused persons fled away from the place of occurrence. Thereafter, the informant was taken to the hospital for treatment.

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Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence as alleged rather there is general and omnibus allegation against the petitioners. The petitioners have falsely been implicated in this case. As per the injury report, the injury no.1 is stated to be grievous in nature whereas the injury no.2 is simple in nature as stated in para 11 of the bail petition. There is case and countercase between the parties. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

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

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Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like

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Patna High Court CR. MISC. No.10972 of 2024(2) dt.27-02-2024 3/3

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amount each to the satisfaction of the learned court concerned, Buxar in connection with Dhansoi P.S. Case No. 156 of 2023 , subject to conditions as laid down under section 438(2) of the

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Code of Criminal Procedure.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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annpurna/-

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U T

Shamim Ansari v. The State of Bihar

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Shamim Ansari v. The State of Bihar

Case brief

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