Mubarak Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 5757 of 2016 Arising Out of PS.Case No. -25 Year- 2014 Thana -KUDHANI District- BHABHUA (KAIMUR) ====================================================== Mubarak Ansari, Son of Late Idrish Ansari, Resident of Village - Sobhipur, Police Station - Kargahar, District - Rohtas. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhakar Jha For the Opposite Party : Mr. Bharat Bhushan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kudhani P.S Case No. 25 of 2014 registered for the offences punishable under Sections 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner and other three co-accused persons came on motorcycle having armed with Katta and revolver, co-accused Badsah Ansari gave order to kill the father of the informant and then co-accused Bechan Ansari opened fire which pass out through temporal region and then the petitioner opened fire with an intention to kill which hit in his left hand and

Patna High Court Cr.Misc. No.5757 of 2016 (3) dt.01-04-2016 2/2 Badsah Ansari shot which hit in the head and further Sahabuddin Ansari opened fire on the informant which did not hit. The father of the informant died at Mohaniya hospital, . Submission is of false implication and that from earlier, Title Suit is going on between the parties, the petitioner has got no criminal antecedent and as per allegation, assailant is Badsah Ansari and not the petitioner and, as such, the petitioner suffering in custody since 07.09.2015, deserves sympathetic consideration, to which the learned APP duly assisted by the learned counsel for the informant opposes by submitting that medical evidence is consistent with the prosecution version and petitioner is also one of the assailants.

The prayer of bail of coaccused Bechan Ansari has also been rejected by another coordinate Bench of this Court. In the facts and circumstances stated above, considering that the allegation is serious in nature, and as such, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J.) Rajiv/- U T