Nanu Ansari @ Nannu Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7386 of 2023 Arising Out of PS. Case No.-56 Year-2022 Thana- GAUNAHA District- West Champaran ====================================================== NANU ANSARI @ NANNU ANSARI S/o Salamat Miyan R/o Madhopur, P.S.- Gaunaha, Distt- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 325, 379, 504, 506 and 34 of the IPC.

Allegedly, the F.I.R. named accused persons including the petitioner's father indiscriminately assaulted the informant and his father by means of various deadly weapons. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is a land dispute between the parties

Patna High Court CR. MISC. No.7386 of 2023(2) dt.13-04-2023 2/2 and the injury was found to be simple in nature. There is an inordinate delay of more than one month in lodging the F.I.R. as the alleged occurrence is said to have taken place on 27.01.2022 but the F.I.R. was lodged on 09.03.2022, without giving any plausible explanation, which itself creates doubt about the prosecution case.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Gaunaha P.S. Case No.56 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T