Md. Ehrar @ Md Ahrar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50152 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== MD. EHRAR @ MD AHRAR ANSARI SON OF LATE MD. SAYEDUDDIN RESIDENT OF VILLAGE- LARUARA, PS- MUFASSIL, DISTT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Thakur Mrs.Vaishnavi Singh For the Opposite Party/s :
Mr.Shyam Kumar Singh For the informant :
Mr.Farooque Afzal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023
1. 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 Mufassil P.S. Case No. 89 of 2023 dated 15.2.2023 registered for the offences punishable u/s 143, 341, 323, 307, 338, 504 and 506 of the Indian Penal Code.
4. As per the prosecution case, when the son of the
Patna High Court CR. MISC. No.50152 of 2023(2) dt.09-08-2023 2/3 informant was returning to his house, the petitioner and the coaccused persons took the informant's son towards their houses after wrapped gamcha around his neck with intention to kill and assaulted him with lathi, brick and stone, as a result he sustained head injury.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There is a delay of four days in lodging the FIR. The petitioner is accused in 4 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 19.3.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the injury is grievous in nature.
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 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Mufassil P.S. Case
Patna High Court CR. MISC. No.50152 of 2023(2) dt.09-08-2023 3/3 No. 89 of 2023.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T