Mustafa Ansari @ Mustafa Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3898 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- CHAKAI District- Jamui ====================================================== MUSTAFA ANSARI @ MUSTAFA MIYA S/o Late Mushahid Miya R/vGouripur, P.S.- CHakai, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 323, 324, 341, 307, 302 and 504 of the Indian Penal Code. The allegation against the petitioner along with others is said to have assaulted the brother-in-law of the informant along with his family members, when they went for home. It is further alleged that due to brutally assault by the co-accused Saddam Mian, the informant's brother Washir Mian, succumbed to injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there is general and omnibus allegation against the petitioner. There is no specific

Patna High Court CR. MISC. No.3898 of 2023(2) dt.01-05-2023 2/2 overt act of assaulting to the deceased against this petitioner rather specific allegation of farsa blow is upon co-accused Saddam Mian. The other co-accused namely, Taslim Mian has already been granted bail by a Co-ordinate Bench vide order dated 25.02.2023 passed in Cr. Misc. No. 60761 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.06.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.- 1st Class, Jamui in connection with Chakai P.S. Case No. 132 of 2022.

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