Tahir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8737 of 2023 Arising Out of PS. Case No.-330 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== TAHIR ANSARI SON OF JAWAD ANSARI R/O VILL.- JOGAULIYA, TOLA NANDI RAM CHHAPRA, P.S.- MADHUBAN, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2023 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Umanath Mishra, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Madhuban P.S. Case No. 330 of 2022 dated 4.8.2022 registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 354/34 of the Indian Penal Code 1860. As per the First Information Report, all the accused persons named in the FIR were cutting the jack-fruit tree and upon objection being raised by the informant and her husband, they assaulted the husband of the informant by means of Farsa, Dab, axe etc. The petitioner has allegedly assaulted the husband of the informant on his head by means of Farsa.

Patna High Court CR. MISC. No.8737 of 2023(2) dt.10-05-2023 2/2 Learned counsel for the petitioner submits that there is case and counter case between the parties due to some land dispute. Both the parties are co-villagers and the injury sustained by the husband of the informant is simple in nature which would be evident from Annexure-2 to this application. The petitioner is in custody since 4.8.2022.

Regards being had to the submission made by the parties and taking into consideration the nature of allegation and the fact that both the parties are co-villagers, there is case and counter case and the injury caused to the victim is simple in nature, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 330 of 2022.

(Anil Kumar Sinha, J) S.Ali/- U T