Mukhtar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86641 of 2023 Arising Out of PS. Case No.-267 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Mukhtar Ansari Son of Late Najir Ansari R/O Vill - Bhawanipur Mauje, P.S. - Adapur (Nakardei), Distt. - East Chamaparan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Adapur (Nakardei) P.S. Case No. 267 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, the accused persons including the present petitioner have assaulted the Informant indiscriminately with Lathi due to which, the Informant sustained two cut injuries on her head with eight stitches. It is also said that in course of assault, when the daughter of the Informant intervened in the matter, the accused persons also assaulted her on her head, causing cut injury with five stitches.
Patna High Court CR. MISC. No.86641 of 2023(2) dt.19-01-2024 2/3 It is also alleged that when the Informant and her daughter were at Adapur hospital for their treatment, there also the accused persons came and threatened to kill them.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is a case and counter case between the parties. There is no specific allegation of assault against the present petitioner rather the same is general and omnibus. He further submits that the injury caused to the Informant and her daughter is simple in nature and, thus, no case under Section 307 I.P.C. is made out against the petitioner. Learned counsel for the petitioner submits that the charge-sheet has been submitted in this case. The petitioner has no criminal antecedent and is languishing in judicial custody since 30.09.2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the entire facts and circumstances of the case as also taking into account the nature of injury which is simple in nature as also the petitioner having no criminal antecedent let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.86641 of 2023(2) dt.19-01-2024 3/3 below/concerned Court in connection with Adapur (Nakardei) P.S. Case No. 267 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T