Iliyas Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32642 of 2024 Arising Out of PS. Case No.-319 Year-2023 Thana- DHORAIYA District- Banka ====================================================== Iliyas Ansari Son of Yusuf Ansari Resident of Village- Nauwabandh, P.S.- Dhoraiya, District- Banka, Bihar, Pin code-813113 ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr.Anil Prasad Singh, APP For the Informant/s :
Md. Mumtaz Uddin, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State as well as learned counsel for the informant.
2. The petitioner has preferred this application for grant of regular bail in connection with Dhoraiya P.S. Case No. 319/2023 dated 14.11.2023 registered for the offences punishable u/ss 341, 323, 324, 307, 504, 354B, 342 and 506 read with 34 of the Indian Penal Code.
3. As per the prosecution case, on 14.11.2023 at about 4 P.M., the informant's husband and her brother-in-law were visiting their khalihan, in the meantime, the petitioner and the co-accused persons came holding deadly weapons and assaulted the informant's husband with sharp edged weapon causing injury. Further, the co-accused, Md. Sajaan and other accused
Patna High Court CR. MISC. No.32642 of 2024(2) dt.07-05-2024 2/3 persons assaulted the informant's brother-in-law, causing injury. When the informant went to rescue, she was also assaulted by the accused persons and they also tried to outrage the modesty of the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner and the informant are gotiyas and there is a land dispute between both the parties. As per the injury report, the injury no. 1 is lacerated wound of size 10 x 2cm deep bone mid partio frontal region and the injury no. 2 is lacerated wound of size 2x1x1 cm over face near left eyebrow. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 12.01.2024.
5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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
Patna High Court CR. MISC. No.32642 of 2024(2) dt.07-05-2024 3/3 concerned, Banka in connection with Dhoraiya P.S. Case No. 319/2023, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T