Salauddin @ Salauddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24211 of 2021 Arising Out of PS. Case No.-659 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

Salauddin @ Salauddin Ansari Son of Late Ali Ahmad Resident of Village - Bhitbherwa - Ward No.- 14, P.S.- Gopalganj, Dist. - Gopalganj 2.

Rabe Alam @ Rabe Alam Ansari Son of Late Ali Ahmad Resident of Village - Bhitbherwa - Ward No.- 14, P.S.- Gopalganj, Dist. - Gopalganj 3.

Ibrahim @ Ibrahim Ali Son of Late Mohan Miyan Resident of Village - Bhitbherwa - Ward No.- 14, P.S.- Gopalganj, Dist. - Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31404 of 2021 Arising Out of PS. Case No.-659 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

Ishtekhar @ Ishtekhar Ali Son of Late Mohan Miyan Resident of Village - Bhitbherwa - Ward No.- 14, P.S.- Gopalganj, Dist. - Gopalganj 2.

Israfil @ Israfil Ansari Son of Late Mohan Miyan Resident of Village - Bhitbherwa - Ward No.- 14, P.S.- Gopalganj, Dist. - Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 32383 of 2021 Arising Out of PS. Case No.-659 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Abbu Salam @ Abdul Salam Son of Late Hamid Ansari Resident of VillageBhitbherwa- Ward No.14, P.S.- Gopalganj, Dist- Gapalganj. ... ... Petitioner/s

Versus

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

Patna High Court CR. MISC. No.24211 of 2021(5) dt.31-03-2022 2/3 (In CRIMINAL MISCELLANEOUS No. 24211 of 2021) For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. A.G.

(In CRIMINAL MISCELLANEOUS No. 31404 of 2021) For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. A.G.

(In CRIMINAL MISCELLANEOUS No. 32383 of 2021) For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 504 of the Indian Penal Code. Subsequently, Section 302 I.P.C was also added.

It is alleged that all the F.I.R named accused persons variously armed came at the door of the informant and started assaulting by means of sword,

Patna High Court CR. MISC. No.24211 of 2021(5) dt.31-03-2022 3/3 farsa and iron rod as a result of which Haidar Ali, Muzahiddin Ansari, Rizwana Parween and Sabraan received injuries. Subsequently Muzahiddin Ansari succumbed to the injuries. The injury reports of the injured show the injuries to be grievous in nature. The postmortem report is annexed with the case diary which shows that cause of death is hemorrhage and shock due to head injury caused by hard and blunt substance. Para 83 of the case diary also suggests that process of Section 82 Cr.P.C proceeding has already been initiated.

Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioners.

Accordingly, the prayer for grant of anticipatory bail to the petitioners stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T