Md. sabir Ansari @ Md. Savir Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Md. sabir Ansari @ Md. Savir Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail in the event of arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, in connection with Pipra P.S. Case No. 87 of 2024.

Issue for consideration

Whether the petitioner, who is apprehending arrest in Pipra P.S. Case No. 87 of 2024 (registered for offences under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code), should be enlarged on anticipatory bail subject to Section 438(2) Cr.P.C. conditions.

Ratio / Principle

The petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of this order, is to be enlarged on bail on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each.

Key takeaways

The enlargement on bail is made subject to the condition laid down under Section 438(2) of the Cr.P.C., with the bond and sureties to the satisfaction of the learned court below where the case is pending (or its successor court), in connection with Pipra P.S. Case No. 87 of 2024.ratio¶21

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 84104 of 2024 (High Court of Judicature at Patna, Oral Order, 16-12-2024) — Anjani Kumar Sharan, J. — Anticipatory bail granted. Petitioner apprehends arrest in Pipra P.S. Case No. 87 of 2024 (District Supaul), registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code; petitioner along with other accused persons is said to have assaulted the informant's side with lathi, danda and rod. Counsel pleaded innocence and false implication, existence of a case and counter case with injuries on both sides, simple injury on the victim, absence of any specific overt act, and no criminal antecedent (para-3 of the bail application); the learned APP opposed the prayer for bail. Held: in the event of arrest or surrender before the Court below within six weeks, petitioner to be enlarged on bail on a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the court below where the case is pending, subject to the conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84104 of 2024

Arising Out of PS. Case No.-87 Year-2024 Thana- PIPRA District- Supaul

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

Md. sabir Ansari @ Md. Savir S/o Baudhi Anasari @ Md. Karin R/o vill - Parsa, P.S. - Kishanpur, Distt. - Supaul

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Opposite Party/s : Mr.Ram Anurag Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

2 16-12-2024

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

Petitioner along with other accused persons are said to have assaulted the informant’s side by means of lathi, danda and rod.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.84104 of 2024(2) dt.16-12-2024 2/2

para-3 of the bail application.

Learned APP for the State opposes the prayer

for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Pipra P.S. Case No. 87 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J)

devendra/-