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Patna High CourtCR. MISC./6028/2023bail rejected

Aman Ali @ Aman Ansari @ Guddu v. The State Of Bihar

2023-04-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6028 of 2023 Arising Out of PS. Case No.-337 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Aman Ali @ Aman Ansari @ Guddu S/O Ali Akbar R/V- Tilsandi, P.S.- Barharia, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2023 Heard both parties.

The petitioner apprehends his arrest in G.B. Nagar P.S. Case No. 337 of 2020, registered for the offences punishable under Sections 307, 323 and other allied sections of the Indian Penal Code. Later on, section 302 of IPC was also added.

Prosecution case in brief is that on the alleged date and time of occurrence all the accused persons including petitioner assaulted the son of informant by means of rod, fists, hockey stick, as a result of which he became severely injured and later on succumbed to the injuries.

It is submitted that no such occurrence as alleged in the FIR has taken place. As a matter of fact, son of informant

Patna High Court CR. MISC. No.6028 of 2023(2) dt.10-04-2023 2/2 met with an accident in which he got severely injured and later on died. Moreover, FIR has been lodged after delay of ten days without any plausible explanation.

Counsel for informant however vehemently opposed the prayer for bail and submitted that from perusal of FIR it is apparent that informant is eye-witness of the occurrence and there is specific allegation that this petitioner along with others assaulted the son of informant on account of which he died. Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T