Azad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22582 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- THAKRAHA District- West Champaran ====================================================== AZAD ANSARI Son of Bikau Ansari Resident of village - Siswaniya, P.S.- Thakraha, District - West Champaran (Bettiah). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Thakraha P.S. Case no.9 of 2023 registered under sections 307, 147, 148, 149, 341, 323, 324, 325, 354, 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the accused persons including the petitioner are said to have come variously armed and of having assaulted the informant and the members of his family leading to grievous injury on Chandra Mohan Kushwaha.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is case and counter case between the parties, the correct version having been given in the counter case, the F.I.R. of which has also been brought on record. So far as Chandra Mohan Kushwaha is

Patna High Court CR. MISC. No.22582 of 2023(2) dt.18-05-2023 2/2 concerned, the allegation of assault on him is on Bikau Ansari and not the petitioner herein. The petitioner is alleged to have assaulted the daughter-in-law of the informant namely Arti Devi whose injury report is not available. The petitioner is in custody since 28.1.2023 and chargesheet has been submitted in the case. He has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., there being case and counter case between the parties, the allegation of assault on Chandra Mohan Kushwaha being specific on Bikau Ansari and the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Thakraha P.S. Case no.9 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bagaha (West Champaran).

(Partha Sarthy, J) Saurabh/- U T