Md. Israil Ansari @ Md. Isrial Ansari @ Md Israil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80949 of 2023 Arising Out of PS. Case No.-32 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== MD. ISRAIL ANSARI @ MD. ISRIAL ANSARI @ MD ISRAIL Son of Late Fajo Ansari R/o vill - Gopi Nagar, Parsa, P.S. - Barhara (Raghubash Nagar), Distt. - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 379, 427, 506 of the Indian Penal Code.
3. As per prosecution case, the petitioner is alleged to have been given bamboo stick blow on head of the informant due to which he sustained injury. Other co-accused persons also assaulted the informant at the time of occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due long standing dispute
Patna High Court CR. MISC. No.80949 of 2023(2) dt.15-12-2023 2/2 between the parties. There is case and counter case, both parties have sustained injury as alleged in separate occurrence. It is also submitted that for the alleged occurrence of 28.1.2021, the FIR was lodged in delay of two days on 30.1.2021. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 8.8.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Barhara (Raghubansh Nagar) P.S. Case No. 32 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Purnea.
(Sunil Kumar Panwar, J) Amandeep/- U T