Sarmad Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9716 of 2023 Arising Out of PS. Case No.-1048 Year-2022 Thana- ARARIA District- Araria ====================================================== SARMAD ANSARI S/O LATE MD. MUSLIM Resident of VillageChuripatti Ward No.- 23, P.S.- Araria, District- Araria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Adv.
For the Opposite Party/s :
Mr.Arun Kumar Singh, APP.
Mr. Anil Prasad Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly, petitioner along with other accused persons assaulted and looted the informant when he was going to have feast. Petitioner is said to have fired upon the informant due to which he sustained fire arm injury on his thigh. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and
Patna High Court CR. MISC. No.9716 of 2023(3) dt.18-05-2023 2/2 omnibus in nature. There is admitted dispute regarding the ownership of a shop between the parties. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that there is serious allegation against the petitioner that he fired upon the informant due to which he sustained fire arm injury on his thigh and injury was found grievous in nature, which is also evident from the injury report.
Considering the facts and circumstances of case and the nature of the injury, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) divyanshi/- U T