Tarabul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55332 of 2022 Arising Out of PS. Case No.-114 Year-2020 Thana- SATHI District- West Champaran ====================================================== Tarabul Ansari Son Of Late Ehsan Ansari @ Late Avsan Miyan R/O VillageSirisiya, P.S.- Sathi, Distt.- 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.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 504 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that over a dispute relating to grazing of crops, petitioner along with co-accused persons came and started assaulting the informant's father by means of lathi and danda, as a result of which, during treatment his father died. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. Both the parties are neighbours and co-villagers

Patna High Court CR. MISC. No.55332 of 2022(3) dt.16-03-2023 2/3 and due to dispute arose over grazing of filed of informant, the petitioner has falsely been made accused in the present case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned counsel further submits that charge has been framed against the petitioner on 4.2.2021 but on behalf of the petitioner, only one witness has been examined on 12.1.2022 and thereafter none of the charge-sheeted witnesses could be examined till now. It is also submitted that petitioner is languishing in judicial custody since 18.09.2020.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as custody of the petitioner, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sathi P.S. Case No. 114 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-3rd, Bettiah, West

Patna High Court CR. MISC. No.55332 of 2022(3) dt.16-03-2023 3/3 Champaran.

The petitioner shall remain personally present in court on each and every date in trial.

(Sunil Kumar Panwar, J) Manish/- U T