Single judge oral order granting bail to petitioner after framing of charges in a case involving offences under Sections 323, 307, 34, 147, 504 and 506 IPC, subject to stipulated conditions.
Petitioner released on bail with Rs. 10,000 bond and two sureties, subject to conditions of cooperation in trial and no absence for two consecutive dates.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2256 of 2022
Arising Out of PS. Case No.-86 Year-2021 Thana- GAUNAHA District- West Champaran
======================================================
MOJAHIR ANSARI S/o Hisarat Ansari Resident of Village- Murli Bharharwa (Bharahawa), P.S.- Gaunaha, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 13-07-2022
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Gaunaha P.S. Case No. 86 of 2021 registered for the offences punishable under Sections 147, 341, 323, 307, 504, 506 of the Indian Penal Code.
As per prosecution case, accusation against the petitioner namely Mojahir Ansari is that he inflicted upon the head of informant by means of iron rod as a result of which the informant sustained injury on his head and fell down on the ground.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.2256 of 2022(3) dt.13-07-2022 2/3
petitioner is in custody since 02.10.2021, excluding the period of provisional bail of 15 days which was granted vide order dated 05.05.2022. Petitioner bears criminal antecedent of three cases which are complaint based cases. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is innocent and he has falsely been implicated in the present case. Parties are agnates. There is a land dispute between the petitioner and the informant and the present case is a counter version of the alleged occurrence bearing Gaunaha P.S. Case No. 183 of 2021 which was lodged by the petitioner against the present informant and others. Allegation of theft is super-addition and there is no repeated blow on the head of the informant.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, nature of allegation, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on
Patna High Court CR. MISC. No.2256 of 2022(3) dt.13-07-2022 3/3
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Gaunaha P.S. Case No. 86 of 2021, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
amitkr/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail after framing of charges in the said case.
What conditions should be imposed on the petitioner before releasing him on bail.
MOJAHIR ANSARI
The State of Bihar
ALOK KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
