Sabab Ansari @ Md Shabab Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24410 of 2022 Arising Out of PS. Case No.-548 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== SABAB ANSARI @ MD SHABAB ANSARI S/o Late Md. Firoz Resident of Village- Bara Daud (Anandpur Kharauni), P.s.- Paroo, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 323, 324, 307, 302, 34 and 120(B) of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 29.09.2020 at about 8.15 PM, on account of previous dispute and scuffle amongst children, the accused persons, including the petitioner, came to her house and started assaulting her and her family members and thereafter Md. Mansoor fired injuring her son who died subsequently in the hospital, further all the accused persons, including the petitioner

Patna High Court CR. MISC. No.24410 of 2022(3) dt.18-11-2022 2/3 assaulted all the family members of the informant and burnt her child with gun-powder and further fired at informant's younger son.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that petitioner is working at Ahmedabad and on the date of occurrence he was at Ahmedabad where he works in a private company.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that it is a case of murder, no doubt specific allegation of firing against Md. Mansoor but then it is also alleged that the accused persons, including the petitioner, were present at the place of occurrence with Md. Mansoor and even assaulted the family members and other son of the informant.

Learned APP for the State further submits that petitioner though has taken a plea of alibi, but then from perusal of Para-11 of the anticipatory bail application, it would manifest that the same is cryptic as it does not disclose where petitioner is working since when he is working, what is the address of the petitioner at Ahmedabad where he is staying, it is next submitted that this amply demonstrates that a false plea has been

Patna High Court CR. MISC. No.24410 of 2022(3) dt.18-11-2022 3/3 taken only to seek anticipatory bail.

Considering the submission made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

(Satyavrat Verma, J) Shivam/- U T