Patna High CourtCR. MISC./1345/2025bail granted

Saheb Ansari @ Saheb Hussain Ansari @ Saheb Hussain v. The State Of Bihar

2025-01-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1345 of 2025 Arising Out of PS. Case No.-307 Year-2024 Thana- MAHARAJGANJ District- Siwan ====================================================== Saheb Ansari @ Saheb Hussain Ansari @ Saheb Hussain S/O Nasrul Haque Ansari Resident of Village - Chhotka Teghra, P.S.- Maharajganj, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Maharajganj P.S. Case No. 307 of 2024, instituted for the offences punishable under Sections 115(1), 126(1), 85, 303(1), 109(1), 351(1) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons entered into the house of the informant and assaulted her by means of lathi, danda as a result of which she sustained head injury. It is further alleged that they have committed theft of Rs. 50,000/- and ornaments kept in a box and also threatened her of dire consequences.

Patna High Court CR. MISC. No.1345 of 2025(2) dt.22-01-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that the injury received by the informant is not grievous in nature. The petitioner is in custody since 13.07.2024 and has got no criminal antecedent.

5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maharajganj P.S. Case No. 307 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.1345 of 2025(2) dt.22-01-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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