Manir Ansari @ Manir Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58156 of 2022 Arising Out of PS. Case No.-321 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== Manir Ansari @ Manir Mian S/O Shahid Miyan Resident of village- Hira Pakad P.S.- Bettiah Muffasil, (Manuapul), District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-12-2022 The matter has been heard through video conferencing.
Heard Mr. Sanjeev Kumar, learned counsel appearing on behalf of the petitioner and Mr. Shahabuddin Azeem, learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 30.07.2022 seeks regular bail in connection with Bettiah Muffasil (Manuapul O.P.) P.S. Case No. 321 of 2021 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, and 506 of the Indian Penal Code.
Prosecution story in brief is that the accused persons named in the F.I.R. including the petitioner had assaulted the
Patna High Court CR. MISC. No.58156 of 2022(2) dt.23-12-2022 2/3 informant and her husband.
Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. He further submitted that the allegation of assault is against co-accused Imteyaz Alam, Munna Sah and Mohan Mahto. The petitioner was simply there to pacify the parties. He is in custody since 30.07.2022. Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner. He further submitted that the injury report annexed as 'Annexure-3' shows that accused persons have assaulted all the family members including the son of the informant.
Considering the nature of allegation made in the F.I.R., there is general and omnibus allegation against the petitioner, some of the co-accused persons have been granted bail by this Court, petitioner has remained in custody since 30.07.2022 and there is no likelihood of the trial being concluded in near future, without going into the merits of the case, the petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.58156 of 2022(2) dt.23-12-2022 3/3 satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Bettiah Muffasil (Manuapul O.P.) P.S. Case No. 321 of 2021 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(Purnendu Singh, J) Niraj/- U T