Patna High CourtCR. MISC./32888/2017dismissed

Md. Nasim Ansari @ Nasim Ansari @ Kari And ANR v. The State Of Bihar

2017-08-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32888 of 2017 Arising Out of PS.Case No. -114 Year- 2017 Thana -BIRAUL District- DARBHANGA ======================================================

1. MD. NASIM ANSARI @ NASIM ANSARI @ KARI, S/o Garbu Ansari,

2. Md. Wasim Ansari, S/o Nasim Ansari @ Md. Nasim Ansari, both residence of village/mohalla- Supaul Bazar, Bichla Tola, P.S.- Biraul, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kedar Jha, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 24-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Biraul P.S. Case No.114 of 2017 instituted for the offence under Section(s) 147, 148, 341, 323, 379, 354, 307, 504 Indian Penal Code. As per written report, petitioner No.1 assaulted the informant with iron rod on the head causing bleeding injury. It is further alleged that on the order of Md. Nasim Ansari (petitioner No.1), petitioner No.2 (Md. Wasim Ansari) gave dagger blow in the abdomen of nephew of the informant on account of which he became unconscious.

Case diary has been received.

Learned APP has submitted that the doctor has found

Patna High Court Cr.Misc. No.32888 of 2017 (4) dt.24-08-2017 2/2 injury on the head of the informant and also in the abdomen of Firoz, nephew of the informant.

In this view of the matter, injuries have been found on vital part of the injured. Although the injuries were opined to be simple in nature by the doctor, but it corroborates specific allegation against these petitioners.

In view of such, this Court does not find it a fit case for grant of anticipatory bail.

Accordingly, prayer of the petitioners for grant of anticipatory bail is rejected.

The petitioners may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law preferably on the same day without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T