Md. Israil Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30139 of 2023 Arising Out of PS. Case No.-32 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== Md. Israil Ansari S/O Late Fajo Ansari Resident Of Village- Gopi Nagar Parsa Ward No.- 1, P.S.- Barhara Kothi District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar For the Opposite Party/s :
Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Barhara (Raghubansh Nagar) P.S. Case No. 32 of 2021 registered for the offences punishable under Section 147, 148, 149, 341, 323, 324, 307, 379, 427 and 506 of the Indian Penal Code pending in the Court of learned Additional Chief Judicial Magistrate, 1st , Purnea.
The petitioner is said to have assaulted the maternal uncle of the informant by means of bamboo. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.30139 of 2023(2) dt.13-07-2023 2/2 the informant side was aggressor and on the alleged date and time of occurrence the petitioner was constructing his house and the informant attacked and assaulted the family member of the petitioner. The petitioner has got one criminal antecedent as mentioned in para-3 of the bail application.
Learned APP for the State vehemently opposing the bail petition submitted that the petitioner have assaulted the maternal uncle of the informant and the injury was found grievous in nature.
Considering the facts and circumstances of case and the nature of the injury, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) anand/- U T