Serazuddin Ansari @ Md Serazuddin Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8434 of 2021 Arising Out of PS. Case No.-256 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== Serazuddin Ansari @ Md Serazuddin Mansuri, male, aged about 30 years, Son of Kalamudin Mansuri, Resident of Village - Dhoomnagar Purwari Tola, Police Station - Nautan, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2021 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Nautan P.S. Case No. 256 of 2020, dated 25.07.2020, instituted for the offences under Sections 147, 148, 149, 341, 342, 332, 333, 307, 353, 504 and 506 of the Indian Penal Code.

The petitioner is one of the twenty four named accused persons identified by the local chawkidar and an

Patna High Court CR. MISC. No.8434 of 2021(2) dt.17-12-2021 2/3 arrested accused person, who are alleged to have participated in the occurrence which took place between the villagers and the police party.

The prosecution case is that one Rakesh Kumar, on the charge of committing theft, was kept captive by the villagers and was being assaulted. When the police party tried to rescue aforesaid Rakesh Kumar, the villagers became aggressive and started misbehaving with the police party. The police party could anyhow manage to escape. Aforesaid Rakesh Kumar has also filed a case against the local villagers for having wrongly confined him in custody and having assaulted him on the false charge of committing theft.

It has been submitted on behalf of the petitioner that the accusation against him is only on the basis of his being identified by the local chawkidar. The petitioner suspects that merely because he is one of the villagers, he has been made accused in this case.

Regard being had to the general nature of accusation against the petitioner and taking into account that

Patna High Court CR. MISC. No.8434 of 2021(2) dt.17-12-2021 3/3 one of the similarly situated accused persons of this case has been granted anticipatory bail by this Court, he, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum 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 in connection with Nautan P.S. Case No. 256 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T