Abul Hassan Ansari Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Abul Hassan Ansari Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: in the event of arrest or surrender before the Court below within six weeks, they are to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount, to the satisfaction of the learned A.C.J.M., West Champaran, Bettiah, in connection with Matiyaria P.S. Case No. 53 of 2023, subject to the conditions in Section 438(2) CrPC.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Matiyaria P.S. Case No. 53 of 2023, should be released on anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

Court's answer

In the event of arrest or surrender before the Court below within six weeks, the petitioners are to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount, to the satisfaction of the learned A.C.J.M., West Champaran, Bettiah, in connection with Matiyaria P.S. Case No. 53 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court allowed pre-arrest bail to two petitioners apprehending arrest in Matiyaria P.S. Case No. 53 of 2023 instituted under Sections 323, 341, 324, 354, 379, 307, 504 and 34 IPC arising out of a _gotia_ dispute in which the informant alleged assault by iron rod/pipe/_farsa_. Direction issued that in the event of arrest or surrender before the Court below within six weeks, the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned A.C.J.M., West Champaran, Bettiah, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. Counsel's submissions (no criminal antecedent, simple injuries, delay of one month in lodging the F.I.R.) were recorded but the operative grant rested on the facts, circumstances and submissions considered by the Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7421 of 2024

Arising Out of PS. Case No.-53 Year-2023 Thana- MATIYARIA District- West Champaran

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

1. Abul Hassan Ansari Son of Late Manjar Mian @ Late Mangar Mian Resident of Village - Hauda Dumra, Police Station - Matiyaria, District - West Champaran

Firoj Ansari Son of Imam Hassan Ansari @ Imam Hassan Miyan Resident of Village - Hauda Dumra, Police Station - Matiyaria, District - West Champaran

... ... Petitioner/s

Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh, Adv. For the Opposite Party/s : Mr. Gulnar Begum, A.P.P. ======================================================

2 19-02-2024

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER Heard learned counsel for the petitioners and learned

A.P.P. for the State.

The petitioners apprehend their arrest in connection with Matiyaria P.S. Case No. 53 of 2023 instituted under Sections 323, 341, 324, 354, 379, 307, 504 and 34 of the Indian Penal Code.

As per the prosecution case, both the parties are gotias . The petitioners along with other co-accused were damaging the Tati of the informant and on objection the petitioner no. 1 assaulted the informant by iron rod and petitioner no. 2 assaulted the informant’s daughter and one Ojiya Khatoon by means of iron pipe and farsa respectively.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence and have

Patna High Court CR. MISC. No.7421 of 2024(2) dt.19-02-2024 2/2

been falsely implicated in this case. Petitioners have no criminal antecedent and no case is made out under Section 307 of the Indian Penal Code. As per the injury report, the injuries on the injured are simple in nature. The F.I.R. has been lodged after one month of the incident without any plausible explanation which creates the prosecution case doubtful. He further submits that due to misconception the informant has filed this case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M., West Champaran, Bettiah in connection with Matiyaria P.S. Case No. 53 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J)