Jamaludin @ Jamaluddin Ansari @ Md. Jamaludin @ Jamaludin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86780 of 2024 Arising Out of PS. Case No.-307 Year-2024 Thana- NASRIGANJ District- Rohtas ====================================================== Jamaludin @ Jamaluddin Ansari @ Md. Jamaludin @ Jamaludin Ansari S/O Mahaboob Ansari @ Md. Mahabub Ansari R/O Village- Madhopur, P.SNasariganj, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashwani Kumar Tiwary, Adv.
For the Opposite Party/s :
Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Nasriganj P.S. Case No. 307 of 2024 instituted for the offences under Sections 126(2), 115(2), 119(1), 329(4), 76 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, on the alleged day of occurrence i.e. on 22.09.2024, the petitioner, his son Mohd. Irfan, Sabina Khatoon and Kaisar entered the house of the Informant and started to assault the Informant and his wife. It is also alleged that the petitioner torn the blouse of the Informant's wife and tried to molest her. It is also alleged that the petitioner also assaulted upon the Informant by means of sword due to
Patna High Court CR. MISC. No.86780 of 2024(3) dt.18-03-2025 2/3 which his finger chopped off.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner has not committed any offence as alleged in the F.I.R. There is a land dispute between the parties. He further submits that from the injury report, it appears that the nature of injury is simple caused by hard and blunt substance and, thus, it does not support the prosecution case. The present case is a counter blast of Nasariganj P.S. Case No. 326 of 2024 lodged by the father of the petitioner. Both the parties are Gotiya and land dispute is going on between them before the Divisional Commissioner, Patna. The petitioner has three criminal antecedents and is languishing in judicial custody since 23.09.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.
6. Having heard rival contention of both the parties
Patna High Court CR. MISC. No.86780 of 2024(3) dt.18-03-2025 3/3 and considering the entire facts and circumstances of the case and the period of custody of the petitioner, 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 below/concerned Court in connection with Nasriganj P.S. Case No. 307 of 2024. (Rudra Prakash Mishra, J) rishi/- U T