Nasruddin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40344 of 2023 Arising Out of PS. Case No.-525 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== NASRUDDIN ANSARI Son of Late Sahebjhan Ansari Resident of village - Gamhariya, P.S. - Nautan (Jagdishpur), Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr.Manoj Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard Mr. Umesh Kumar Gupta, learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Nautan Jagdishpur P.S. Case No. 525 of 2022, registered under Sections 341, 323, 324, 325, 307, 379 and 504/34 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 22.09.2022 at about 8.00 P.M. petitioner started abusing in front of informant's house. When informant's wife made objection then all the F.I.R. named accused persons including the petitioner armed with Lathi, Farsa and iron rod abused and assaulted her. When the informant came to save his wife, the petitioner with intention to kill the informant inflicted Farsa
Patna High Court CR. MISC. No.40344 of 2023(2) dt.28-07-2023 2/3 over his head and caused head injury while the accused Kush Ansari Assaulted the informant with iron rod and injured his right shoulder, Saphir Ansari caused head injury to Ali Raj Ansari by means of iron rod and he also assaulted Aklakh Ansari with iron rod due to which his right hand was fractured. The petitioner snatched gold chain of informant's wife.
4. Learned counsel appearing on behalf of the petitioner submitted that there is case and counter case between the parties. The informant is Gotiya of the petitioner and in self defence both parties may have caused injury on the person of the injured, which was not intentional.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard both the sides and the material available on the record as well as considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Jagdishpur P.S. Case No. 525 of 2022, subject
Patna High Court CR. MISC. No.40344 of 2023(2) dt.28-07-2023 3/3 to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Purnendu Singh, J) manish/- U T