Md. Mosim Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81653 of 2023 Arising Out of PS. Case No.-236 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Md. Mosim Ansari, Son of Late Aavid Ansari, Resident of Village- Gohi, Ward No. 12, P.S.- Warisnagar, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rana Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-01-2024 Heard Mr. Rana Sanjay Kumar Singh, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Warisnagar P.S. Case No. 236 of 2023 registered for the offences punishable under Sections 143, 341, 323, 324, 307, 279, 379, 504 and 506 of the Indian Penal Code.
3. Allegation against the petitioner is of causing assault by means of Iron rod over the shoulder and back of the informant. Further allegation has been levelled against the other accused persons of causing assault and snatching of cash amount.
4. It is submitted on behalf of the petitioner that on account of a petty dispute, scuffle took place between both the
Patna High Court CR. MISC. No.81653 of 2023(2) dt.10-01-2024 2/3 parties, resulting into lodging of the case and counter case, bearing Warisnagar P.S. Case No. 235 of 2023, which is on earlier point of time. He further submits that prior to the institution of this case, the wife of the petitioner had also filed Informatory petition before the learned S.D.M., Samastipur, the copy of which has also been annexed as Annexure-3 to the bail application. He next submits that so far the allegation against the petitioner of causing assault is concerned, the injuries are found to be simple in nature, caused by hard and blunt substance. He next submitted that the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceedings of the Court.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of injuries, which is found to be simple in nature and the dispute giving rise to case and counter case, coupled with the fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten
Patna High Court CR. MISC. No.81653 of 2023(2) dt.10-01-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Samastipur in connection with Warisnagar P.S. Case No. 236 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T