Fajeer Ansari @ Faijila Ansari @ Fajeer Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54065 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- SATHI District- West Champaran ====================================================== Fajeer Ansari @ Faijila Ansari @ Fajeer Miya Son Of Late Ahsan Ansari Resident Of Village- Sirisiya P.S.- Sathi District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sathi P.S. Case No. 114 of 2020, registered for the offence under Sections 147, 148, 149, 341, 323, 302 & 504 of the Indian Penal Code. As per the prosecution case, on 19.07.2020 at about 6:00 AM, a dispute arose over grazing of field of informant by buffalo of accused person and thereafter, all the accused persons including this petitioner started assaulting informant by fists and slaps and when father of informant came to rescue his son, he was assaulted by co-accused Tarabul Ansari by means of lathi on his head, as a result of which, father of the informant died. It is submitted on behalf of petitioner that no specific overt act has been attributed against this petitioner. There is

Patna High Court CR. MISC. No.54065 of 2021(2) dt.03-12-2021 2/2 general and omnibus allegation. Specific allegation of overt act is against co-accused Tarabul Ansari. Both parties are neighbour and co-villagers and due to dispute arose over grazing of field of informant, the alleged occurrence took place. It is further submitted that co-accused Vajir Ansari has already been granted bail by a coordinate Bench of this Court, vide order dated 02.06.2021 passed in Cr.Misc. No. 8416 of 2021 (Annexure 3). Petitioner is in custody since 14.04.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named 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 learned A.C.J.M. III, Bettiah, West Champaran in connection with Sathi P.S. Case No. 114 of 2020. (Prabhat Kumar Singh, J.) anay U T