Patna High CourtCR. MISC./48311/2023bail granted

Nayeem Ansari v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 48311 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== NAYEEM ANSARI Son of Abu Hasan Ansari Resident of Village - Bhawanipur Tola, Gaus Nagar, P.S.- Sangrampur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sangrampur P.S. Case No. 111 of 2023 dated 23.03.2023 registered for the offences punishable u/ss 341, 323, 324, 307, 354B, 379, 504 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons were piling pillar in the informant's land to construct house. On being objected by the informant and her

Patna High Court CR. MISC. No. 48311 of 2023(2) dt.09-08-2023 2/3 jaut Abdullah Ansari then the petitioner started abusing and assaulting the informant and also tore her cloth and snatched gold chain from her neck. The petitioner and the co-accused persons tied the neck of Abdullah Ansari and when the dewar of the informant came to rescue him then the petitioner inflicted blow of Farsa on his head causing head injury and also snatched Rs. 20,000/- from his pocket.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties. Nothing has been recovered from the possession of the petitioner. As per the injury report of injured, the injury is simple in nature caused by hard and blunt substance. There is no repetition of blow. No offence under Section 307 of the Indian Penal Code is made out against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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

Patna High Court CR. MISC. No. 48311 of 2023(2) dt.09-08-2023 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Sangrampur P.S. Case No. 111 of 2023.

8. The application stands allowed.

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