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Patna High CourtCR. MISC./22819/2025dismissed

Arbaj Ansari v. The State Of Bihar

2026-07-16Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22819 of 2025 Arising Out of PS. Case No.-163 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Arbaj Ansari Son of Asagar Ansari Resident of Vill- Matiyari, P.S.- Ramgarh, District- Kaimur at Bhabua ... ... Petitioner

Versus

1.

The State of Bihar 2.

Khusnuda Bibi Wife of Ali Muhammad Resident of Vill- Matiyari, P.S.- Ramgarh, District- Kaimur at Bhabhua ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Md. Fahimuddin, APP For the Opp. Party No.2:

Mr. Pawan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-07-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. 2.

This application has been filed for cancellation of bail granted to the opposite party no.2 by a Coordinate Bench of this Court vide order dated 13.09.2023 passed in Criminal Miscellaneous No.50205 of 2023, in connection with Ramgarh P.S. Case No.163 of 2023 registered for the offence under sections 341, 323, 337, 338, 307/34 of the Indian Penal Code.

3.

Learned counsel for the petitioner has prayed for cancellation of bail granted to the opposite party no.2 on the ground that the deceased had died after some days and the

Patna High Court CR. MISC. No.22819 of 2025(5) dt.16-07-2026 2/3 offence under section 302 of the Indian Penal Code was added subsequently.

4.

Learned counsel for the opposite party no.2 has relied upon paragraph no.8 of the bail petition, which had been filed by the opposite party no.2 before this Court in earlier proceeding and submit that there was no suppression of fact by the opposite party no.2 and therefore, this Court may not cancel the bail granted to the opposite party no.2.

5.

I have considered the submissions of the parties.

6.

Paragraph no.8 of the bail petition of the opposite party no.2 which had been filed before this Court reads as under:- "8. That it is stated that during course of treatment, injured Mashoor Ansari succumbed to his injuries at Varanasi on 31.05.2023 but till date, no section 302 IPC was added in the F.I.R."

7.

Having gone through the order of the Coordinate Bench of this Court and also considering the averments made in paragraph no.8 of the bail petition filed by the opposite party no.2, I am of the opinion that there is no suppression of fact by the opposite party no.2 in the earlier proceeding.

Patna High Court CR. MISC. No.22819 of 2025(5) dt.16-07-2026 3/3 8.

In view of the above, I do not find any illegality or infirmity in the impugned order granting bail to the opposite party no.2. Accordingly, this application is rejected. (Sandeep Kumar, J) pawan/ Shalini U T