Rahmat Mian @ Rahmat Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61064 of 2022 Arising Out of PS. Case No.-239 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== Rahmat Mian @ Rahmat Ansari S/O Late Gafur Ansari @ Gafur Mian @ Futur Mian Resident Of Village- Kharduar, Mahna, P.S.- Chanpatiya, DistrictWest Champaran, Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Aslam Ansari For the Opposite Party/s : Mr. Bimlesh Kumar Pandey For the State :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant 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, 149, 448, 323, 324, 379, 435, 504, 506, 307 of the Indian Penal Code. Allegation against the petitioner is that at the instance of co-accused, Salauddin, petitioner assaulted the niece of the informant, namely, Gudia Khatoon, by means of farsa, due to which she sustained head

Patna High Court CR. MISC. No.61064 of 2022(2) dt.08-02-2023 2/3 injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both parties are agnates and in the background of land dispute, the present case has been registered with false allegations. There is case and counter case between them and both parties have sustained injuries as alleged in separate occurrence. The injury report does not support the prosecution version of the case. Moreover, petitioner is languishing in judicial custody since 11.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.61064 of 2022(2) dt.08-02-2023 3/3 petitioner is directed to be enlarged on bail in connection with Chanpatiya P.S. Case No. 239 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 the learned Additional Sessions Judge IV, West Champaran, Bettiah.

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