Abdullah @ Abdullah Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17875 of 2025 Arising Out of PS. Case No.-214 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Abdullah @ Abdullah Ansari Son of Idrish Ansari Resident of Village - Konhiya Tola Barkurwa, P.S. - Chakia, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anuj Kumar, Advocate For the State :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2025 Heard Mr. Anuj Kumar, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State. 2.

The petitioner seeks bail in connection with Chakia P.S. Case No. 214 of 2024 instituted for the offence under Sections 126(2), 115(2), 118(1), 109, 352, 303(2) & 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. Subsequently, Section 103(1) of the BNS was added.

3.

The prosecution case in short is that on 17.07.2024, the petitioner and others assaulted Arbaj Alam and Ajad Ali with swords, lathis, and iron rods while they were returning from a Muharram fair, causing serious head injuries. Gold chains worth Rs. 1 lakh each were allegedly snatched from both victims, and they were referred for treatment to various hospitals including

Patna High Court CR. MISC. No.17875 of 2025(3) dt.16-05-2025 2/3 S.K.M.C.H., Muzaffarpur.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-09-2024. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that allegation against the petitioner is that he inflicted sword blow on the head of the son of the informant, causing injury, thereafter other coaccused persons assaulted him with lathi and iron rod. There is no eye witness to the occurrence. There is inordinate delay of four days in lodging the FIR. It is next submitted that postmortem report does not supports the prosecution case, as the injury is found to be caused by hard and blunt object. Charge sheet is submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that there is specific allegation against the petitioner of inflicting sword blow on the son of the informant, which is corroborated by the postmortem report.

7.

Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.17875 of 2025(3) dt.16-05-2025 3/3 of the case, there being direct allegation against the petitioner, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail is, accordingly, rejected. 8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T