Quadir Ansari @ Kadir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12175 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. QUADIR ANSARI @ KADIR ANSARI Son of Late Nasib Ansari, Resident of Village- Reraha, P.S. Thakaraha (Bhitaha) District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Mr. Ajay Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 147, 341, 323, 447, 325, 307, 504 and 302 of the I.P.C The specific allegation against the petitioner is that in the occurrence he assaulted the informant with lathi on his head causing injury and during treatment the informant succumbed to the injuries.

Submission is of false implication and that the occurrence has taken place due to the land dispute, there was no

Patna High Court Cr.Misc. No.12175 of 2016 (6) dt.19-05-2016 2/2 intention to commit murder, the prosecution story as stated is not the true version, during postmortem examination the injury found was due to sharp cutting substance and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. duly assisted by the learned counsel for the informant seriously opposes by submitting that the informant who subsequently died in his further statement and other eye witnesses have specifically stated that the petitioner gave lathi blow on the head of the informant causing bleeding and serious injury. In the facts and circumstances as stated above, considering that the petitioner is the assailant and as such I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Thakraha (Bhitaha) P.S.Case No. 01 of 2016 pending in the court of A.C.J.M. Bagaha (West Champaran).

However, let the trial be expedited and concluded preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) Abhay/- U T