Aurangjeb Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35314 of 2021 Arising Out of PS. Case No.-346 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== AURANGJEB ANSARI SON OF JAMADAR MIYAN Resident of VillageSemari Bhawanipur, Police Station- Yogapatti (Nawalpur O.P.), District- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar No. 7, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2022 Heard Mr. Sanjay Kumar No. 7, learned counsel for the petitioner and Mr. Binod Kumar learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Yogapatti (Nawalpur O.P.) P.S. Case No. 346 of 2020 registered for the offence punishable under Sections 147, 341, 323, 324, 447, 325, 307, 354(B) and 504 of the Indian Penal Code 1860. The allegation as per the First Information Report is that the petitioner along with other co-accused persons variously armed with weapon came near the cattle house and started abusing the informant, and upon protest, the petitioner assaulted the informant with iron rod and co-accused Tabarak gave Farsa blow on his head with intention to kill.

Patna High Court CR. MISC. No.35314 of 2021(2) dt.05-01-2022 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and altogether 14 family members of the petitioner have been made accused in the case. Learned counsel further submits that both the parties are co-sharers and there is land dispute between them. Referring to Annexure-2 which is injury report, learned counsel submits, that the injury sustained by the informant has been found to be simple in nature. He also submits that the allegation regarding 354B of the Indian Penal Code is not attributable to the petitioner and the petitioner is in custody since 13.12.2020 having no criminal antecedent.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the informant sustained simple injury, both parties are co-sharers having land dispute, the petitioner is in custody since 13.12.2020 having no criminal antecedent and charge sheet has already been submitted, 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 Chief Judicial Magistrate, Bettiah, West

Patna High Court CR. MISC. No.35314 of 2021(2) dt.05-01-2022 3/3 Champaran, in connection with Yogapatti (Nawalpur O.P.) P.S. Case No. 346 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

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