Md. Mansoor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26792 of 2022 Arising Out of PS. Case No.-195 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== MD. MANSOOR Son of Abdul Rahman Resident of Ward No. 16, Village - Islampur, P.S- Jaynagar, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratanakar Jha For the Opposite Party/s :
Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State
2. The petitioner apprehends his arrest in Jaynagar P.S. Case No. 195/2020 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 307, 504, 506 and 302 of the Indian Penal Code pending in the Court of learned A.D.J.- IV, Madhubani.
3. The petitioner is said to have assaulted the brother of the informant by means of iron ball on his head and sustaining injury he died later on.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty village politics and land dispute. The allegation levelled against the petitioner is not
Patna High Court CR. MISC. No.26792 of 2022(8) dt.04-12-2023 2/2 specific rather general and omnibus in nature. It is further submitted that the present case is the counter blast of Jaynagar P.S. Case No.195 of 2020 lodged by the petitioner. Petitioner has no criminal antecedent.
5. Learned APP for the State vehemently opposing the bail petition submitted that there is specific allegation against the petitioner of assaulting the brother of informant due to which he died. Hence, the petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T