Ansar @ Ansar Alam @ Md Ansar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2382 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- PAHARKATTA District- Kishanganj ====================================================== Ansar @ Ansar Alam @ Md Ansar S/O- Md Jamal R/O Vill- Atiyabari, P.SPaharkatta, Dist- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Paharkatta P.S. case No. 121 of 2023 instituted for the offences under Sections 447, 448, 341, 323, 324, 307, 379, 354, 504, 506/34 of the Indian Penal Code..

3. Prosecution allegation, in short, is that the while the informant was sitting in his khalihan and with regard to earlier land dispute, accused persons including the petitioner came and caught hold of the throat of the informant. The family members came in rescue of the informant were also assaulted by the accused persons due to which they sustained injuries.

4. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.2382 of 2024(2) dt.29-01-2024 2/2 the petitioner is in custody since 25.08.2023 and has no criminal antecedent. The petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific over act is alleged against the petitioner. There is a case and counter case between the parties. The nature of injury is said to be simple in nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the nature of accusation being general and omnibus and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Paharkatta P.S. case No. 121 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T