Manjur Ansari @ Manzoor Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48849 of 2022 Arising Out of PS. Case No.-237 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== Manjur Ansari @ Manzoor Ansari Son of Salamat Ansari R/O VillageKhardeur Mahna, P.S.- Chanpatiya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the State :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Chanpatia P.S. Case No. 237 of 2022 registered for the offence under Sections 147, 149, 448, 323, 324, 307, 354B, 436 and 504 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 07.06.2022.
The allegation against the petitioner is to assault the informant and family members causing bodily injury, while making assault with sword, rod etc., having intention to cause their death, alongwith other co-accused persons.
Patna High Court CR. MISC. No.48849 of 2022(3) dt.22-10-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the occurrence is a free fight in nature and, as such, the intention to cause death cannot be gathered against this petitioner, where both parties received injuries. It is submitted that for the same set of occurrence, petitioner's side has also lodged a police case, which has been registered as Chanpatia P.S. Case No. 239 of 2022. It is submitted that, admittedly, the present occurrence is founded over land dispute. It is pointed out that if the F.I.R.
is taken into consideration, the allegation against this petitioner is to cause injury on the head of one Husne Ara Khatoon and also to cut her finger, whereas injury report is showing only one lacerated wound on her elbow caused by hard and blunt substance, completely negating the allegation, as alleged through F.I.R. It is submitted that nature of injury is simple, which further negate the intention to cause death. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State opposes the prayer of bail.
Patna High Court CR. MISC. No.48849 of 2022(3) dt.22-10-2022 3/3 In view of the facts and circumstances, as mentioned above, as the occurrence is a free fight, where injury caused by the petitioner is single and simple in nature coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Chanpatia P.S. Case No. 237 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Ankit/- U T