Mainuddin Ansari @ Mainuddin Alam @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2700 of 2024 Arising Out of PS. Case No.-226 Year-2023 Thana- CHOUTARWA District- West Champaran ====================================================== Mainuddin Ansari @ Mainuddin Alam @ Guddu Son of Alauddin Ansari R/o vill - Sathi, P.s. - Muffasil Bettiah, Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raki Alam, Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Chautarwa P.S. Case No.226/2023 lodged on 27.07.2023 under Section 341, 323, 504, 379, 307, 120B, 324/34 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against 8 named and 2 suspicious accused persons. The allegation has been levelled against the petitioner is that he has attacked by knife on the neck of the husband of the informant and snatched Rs.10,000/-.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The said occurrence was admittedly on 23.07.2023 but it has been lodged after 4 days i.e. on 27.07.2023. He further submits that it is an overthought of the informant and entire family members of the
Patna High Court CR. MISC. No.2700 of 2024(6) dt.31-01-2024 2/2 petitioner has been made accused in a planned way. Learned counsel for the petitioner further submits that upon bare reading of the FIR it is clear that there is no eye witness of the said occurrence and the petitioner is son-in-law of the family. In the rejection order, the statement of the victim has not been indicated. The petitioner is in custody since 26.09.2023 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner in the FIR.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not already framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st, Bagaha, West Champaran, in connection with Chautarwa P.S. Case No.226/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T