Ijhar Miyan @ Ijhar Ansari @ Izhar Hussain v. The State Of Bihar
CR. MISC./26817/2025 · 2025-05-14
Rajiv Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36397 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36397 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26817 of 2025 Arising Out of PS. Case No.-8 Year-2010 Thana- GHORASAHAN District- East Champaran ======================================================
1. Ijhar Miyan @ Ijhar Ansari @ Izhar Hussain S/O Late Sulaman Miyaan Resident of village - Athmohan , P.S.- Jharokhar, District- East Champaran
2. Guddu Ansari @ Md. Sajad Ansari S/O Ijhar Miyan @ Ijhar Ansari @ Izhar Hussain Resident of village - Athmohan , P.S.- Jharokhar, District- East Champaran
3. Pappu Ansari @ Md. Azad Hussain S/O Ijhar Miyan @ Ijhar Ansari @ Izhar Hussain Resident of village - Athmohan , P.S.- Jharokhar, District- East Champaran
4. Osila Khatun W/O Ijhar Miyan @ Ijhar Ansari @ Izhar Hussain Resident of village - Athmohan , P.S.- Jharokhar, District- East Champaran ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the State : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 14-05-2025 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioners and Mr. Jitendra Kumar Singh, learned APP representing the State. 2. The petitioners are apprehending their arrest in connection with Ghorasahan (Jharokhar) P.S. Case No. 08 of 2010 (Trial No. 621 of 2024) for the offence punishable under Sections 341, 323, 447, 324, 504 and 34 of the Indian Penal Code, lodged on 21.01.2010 by the informant Shahzad Ansari. 3. As per the prosecution story, the informant alleged that the accused persons on the issue of the filling of the soil of the land assaulted and gave farsa/lathi blow on the head of the of informant side causing injuries. This led to the F.I.R.
4. Learned counsel for the petitioners submit that the
Patna High Court CR. MISC. No.26817 of 2025(2) dt.14-05-2025 2/2 allegation is omnibus in nature, no individual act attributed, though the occurrence is of the year 2010, they had no knowledge and straight away warrant has been issued. He further submits that now both the parties have compromised the matter. 5. Learned APP Mr.
Jitendra Kumar Singh on the other hand opposes the prayer for bail submitting that a perusal of the F.I.R. would show that it was lodged in the year 2010, all the petitioners herein are named accused and the allegation of assault by farsa/lathi is there and despite having granted relief in the year 2010, they chose not to appear in the court, fifteen years later they are seeking anticipatory bail. 6. Considering the submissions put forward by the parties as also perusal of the allegation coupled with the fact that their absence delayed the trial, in that background, it would be appropriate that they seek bail. 7. However, if the petitioner surrenders within a period of four weeks from today, the court concerned shall take up the matter and dispose it of preferably on the same day. vinayak/- (Rajiv Roy, J) U T