Naushad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25675 of 2024 Arising Out of PS. Case No.-843 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Naushad Ansari son of Kalim Mian @ Md. Kalim Ansari Village- Ghusukpur PS-Bettiah Town District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Bettiah (Town) P.S. Case No. 843 of 2023 for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. The physical appearance of Investigating Officer, Bettiah(Town) is dispensed with

4. As per allegation, fourth son of the informant namely, Afsar Hashmi went out from his house. Thereafter, the informant heard that someone had made him injured by inflicting knife blows. Afsar Hashmi was brought to the hospital where he was declared as dead. It has also been mentioned in the FIR that all these three co-accused persons surrounded the deceased and co-accused Salauddin @ Thakur inflicted knife blows on the deceased. The deceased disclosed this fact to his brother Md. Asaraf Hashmi.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.25675 of 2024(4) dt.13-08-2024 2/2 that the informant is hearsay witness. As a matter of fact, none had seen the occurrence and the presence of the named accused persons including the petitioner at the spot was merely as spectators. He has further submitted that the specific allegation of inflicting knife blows is against co-accused Salauddin @ Thakur and not against the petitioner

6. On the other hand, the learned APP has opposed the prayer for bail and submitted that the deceased in injured condition narrated the entire fact to his brother Md. Asaraf, whose statement has been recorded in paragraph no. 8 of the case diary in which he has fully corroborated the occurrence. It is true that co-accused Md. Salauddin @ Thakur is the main assailant but this petitioner and co-acccused Nanhe @ Shahid Ali also surrounded the deceased along with the main accused Md. Salauddin.

7. Considering the above-mentioned facts and circumstances, I do not think it to be a fit case for bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) Nirmal/- U T