Khushiyal Ansari @ Md. Khushahal Ansari @ Khushahal Ansari @ Chhotu @ Md. Khushal Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25189 of 2025 Arising Out of PS. Case No.-669 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Khushiyal Ansari @ Md. Khushahal Ansari @ Khushahal Ansari @ Chhotu @ Md. Khushal Ansari, aged about 25 years, Gender-M, S/o Late Latif, resident of village- Laliyahi Pachhim Tola, P.S.- Katihar Sahayak, DistrictKatihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Katihar (S) PS Case No.669 of 2024 dated 13.09.2024, instituted for the offence punishable under Sections 109, 351(2), 351(3) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that on the alleged date and time of occurrence the husband informant and the petitioner were going to their work place by a motorcycle. On way, the petitioner demanded Gutkha from the informant's husband and thereafter husband of the informant took him off from the motorcycle and went to the place of work alone and started working there. After sometime, the petitioner reached
Patna High Court CR. MISC. No.25189 of 2025(2) dt.30-04-2025 2/3 there and assaulted the husband of the informant on his head by means of iron rod. Thereafter, owner of the shop and others took him to KMCH, Katihar, from where he was referred to higher Centre.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the FIR has been lodged after six days of the occurrence. Further submission is that from perusal of the injury report it appears that the doctor has opined that the injury is grievous in nature but the injury was caused on account of the fact that in course of welding an iron plate had fallen on the head of the injured. Further submission is that the petitioner as well as injured are good friends and both are working in the same shop. Lastly, it is submitted that the petitioner is in custody since 21.12.2024 having clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar,
Patna High Court CR. MISC. No.25189 of 2025(2) dt.30-04-2025 3/3 in Katihar (S) PS Case No.669 of 2024.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T