Dilshad Mansuri @ Dilsar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43347 of 2022 Arising Out of PS. Case No.-310 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== Dilshad Mansuri @ Dilsar Son Of Md. Kasim Resident Of Village- Bishen Tola, Ward No. 12, P.S- Jagdishpur, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Singh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 310 of 2020 registered for the offences punishable under Sections 323, 324, 307, 302, 504 and 34 of the Indian Penal Code.

As per the prosecution, the informant's father and his uncle were assaulted by this petitioner and other co-accused persons by means of iron rod and during the course of treatment the informant's father succumbed to the injuries and during the

Patna High Court CR. MISC. No.43347 of 2022(2) dt.23-11-2022 2/3 occurrence the informant and others were also assaulted when they attempted to save the main injured.

The main submissions advanced by the learned counsel Mr. Dhirendra Singh appearing for the petitioner are that against the petitioner there is no specific allegation, the allegation of assaulting is general and omnibus in nature and altogether eight named and two to three unnamed persons were alleged to have participated in the alleged occurrence and the specific allegation of assaulting by means of iron rod is against co-accused persons Amir and Saddam. Further submission is that the petitioner has been languishing in jail since 21.04.2022 and he has clean antecedent.

Learned APP Mr. Prem Kumar Jha appearing for the State has opposed the bail prayer.

In view of above submissions and mainly considering the facts that the petitioner has clean antecedent and against him there is no specific allegation and several persons were alleged to have participated in the alleged occurrence and the allegation of assaulting is specifically against two coaccused persons and the allegation concerned to the petitioner is general and omnibus in nature and also taking into account the petitioner's custody period, in the opinion of this Court a lenient

Patna High Court CR. MISC. No.43347 of 2022(2) dt.23-11-2022 3/3 approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Jagdishpur P.S. Case No. 310 of 2020.

(Shailendra Singh, J.) murli/- U T