Murtuza Anasari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19236 of 2021 Arising Out of PS. Case No.-3 Year-2020 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Murtuza Anasari Son Of Late Naimullah Ansari R/O Villabge- Pachar Hatta, P.S.- G.B. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-08-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within four weeks of the start of the physical Court.

The petitioner is languishing in custody for the offences punishable under Sections 341/323/307/379/504/506 of the Indian Penal Code.

For land dispute the petitioner allegedly caused injury with Tangi, the weapon of cutting, to Nasima Begum. The doctor has found two injuries on the head. One at the left parietal region and another at the right parietal region caused by hard and blunt substance. Initially the doctor was of the opinion that injury was simple caused by hard and blunt substance. However, after x-ray it was noticed that there was fracture of frontal bone and the doctor opined that the injury was grievous.

Patna High Court CR. MISC. No.19236 of 2021(2) dt.13-08-2021 2/3 Learned counsel for the petitioner submits that the petitioner is in custody since 08.01.2020. The petitioner has stated on oath that he has got no criminal antecedent. Investigation of the case is already complete and for the act alleged the petitioner has sufficiently been punished. No purpose would be served by further detention of the petitioner. Learned counsel for the informant opposed the prayer for bail on the ground that there is allegation of repetition of blow. Hence, intention to cause death is evident from the act of the petitioner. The doctor has found fracture of frontal bone as such the injury was grievous one.

Considering the period already undergone by the petitioner and undertaking of the petitioner to cooperate with the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with G.B. Nagar P.S. Case No.3 of 2020 with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to

Patna High Court CR. MISC. No.19236 of 2021(2) dt.13-08-2021 3/3 cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T