Fazal Ansari @ Fazal Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42026 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- CHANDRAMANDI District- Jamui ====================================================== FAZAL ANSARI @ FAZAL IMAM Son of Naimuddin Ansari Resident of village - Dhamaniya, P.S.- Chandramandih, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 427, 504/34 of the Indian Penal Code.

Allegedly, petitioner along with FIR named accused persons having deadly weapons in their hands came and surrounded the informant. Petitioner is said to have given sword blow over the head of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.42026 of 2022(7) dt.27-02-2023 2/2 There is case and counter case between the parties. Both sides have filed cases against each other. Both sides have sustained injuries. Though the allegation against the petitioner is that he assaulted the informant by means of sword, but as per the injury report, the injury sustained by the informant is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the injury sustained by the informant is simple in nature, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chandramandih P.S. Case No. 29 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T