Md. Nasir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15499 of 2022 Arising Out of PS. Case No.-226 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== Md. Nasir Ansari S/o Abdul Hafiz R/o village- Batermari Anharban, P.S.- Laukha, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakritita Sharma For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2022 Heard both parties.

The petitioner seeks bail in Laukaha P.S. Case No. 226 of 2020, registered for the offence punishable under Sections 307, 323 and other allied sections of the Indian Penal Code. Later on, section 302 IPC was added.

As per the FIR, 16 named including this petitioner and 5 to 10 unknown persons variously armed abused and assaulted the father of informant by lathi, danda. Petitioner is alleged to have armed with Dabiya. When informant and his cousin brother tried to save him, they were also assaulted by the accused persons in which informant's cousin brother got severely injured. During course of treatment, informant's father died.

It is submitted on behalf of the petitioner that there is

Patna High Court CR. MISC. No.15499 of 2022(2) dt.16-05-2022 2/2 general and omnibus allegation of commission of assault against this petitioner and no specific overt act has been alleged. The doctor has found the cause of death as head injury. Land dispute is said to be the reason behind the said occurrence. Petitioner is old man aged about 70 years and he is in custody since 22.12.2021.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 226 of 2020. (Prabhat Kumar Singh, J) vinita/- U T