Manu Ansari @ Bhanu Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76915 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- YADOPUR District- Gopalganj ====================================================== MANU ANSARI @ BHANU ANSARI, Son of Dhodha Miyan R/o vill - Awadh Nagar Naika Tola, P.S. - Yadopur, District - Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Anuj, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP For the Informant :
Mr. Sumit Shekhar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Yadopur P.S Case no.148 of 2022 registered under sections 302, 147, 148 and 149 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the three named accused persons including the petitioner herein as also Aslam Ansari and Firoj Ansari came variously armed and as a result of brutal assault by them, the son of the informant was injured and subsequently died.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The manner of
Patna High Court CR. MISC. No.76915 of 2023(3) dt.29-02-2024 2/3 occurrence is other than what has been narrated in the FIR. The case of the petitioner stands on a similar footing to that of coaccused Aslam Ansari and Firoj Ansari who have been enlarged on bail vide orders dated 25.7.2023 passed in Cr. Misc. no.15711 of 2023 and dated 1.9.2023 passed in Cr. Misc. no.30260 of 2023 respectively. The petitioner is in custody since 24.8.2023 and charge-sheet has been submitted in the case. He has no criminal antecedent.
5. The prayer for bail is opposed by learned A.P.P for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the FIR but there is direct and specific allegation against him of having came armed with a sword and of having assaulted the son of the informant leading to his death. The postmortem report supports the prosecution case.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the petitioner being in custody for 6 months since 24.8.2023, charge-sheet having been submitted in the case and specially grant of bail to the above FIR named two co-accused, the petitioner is directed to be enlarged on bail in connection with Yadopur P.S Case no.148 of 2022 on furnishing bail bond
Patna High Court CR. MISC. No.76915 of 2023(3) dt.29-02-2024 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gopalganj.
(Partha Sarthy, J) Shiv/- U T