Rasid Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28119 of 2022 Arising Out of PS. Case No.-360 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== RASID ANSARI S/o Ali Mohammad Ansari R/o Village- Biyarbandh, P.S.- Shivsagar, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Murari Mishra For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 324 302 and 504 read with 34 of the Indian Penal Code. As per the prosecution case, the accused persons entered the house of the informant and started assaulting the informant and also committed theft of Rs. 20,000/- in cash, a golden chain and other articles. The further allegation is that the 12 accused persons gave garasa blow on the head of the informant which resulted into injury and the informant became unconscious and thereafter his son took him to the hospital for treatment. The injured person, namely, Md. Unis Ansari gave

Patna High Court CR. MISC. No.28119 of 2022(2) dt.19-09-2022 2/2 fardbeyan which resulted into the lodging of the F.I.R. The informant subsequently succumbed to the injuries. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 11.08.2022 passed in Criminal Misc. No. 25436 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.10.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas in connection with Shivsagar P.S. Case No. 360 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T