Alam Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28975 of 2022 Arising Out of PS. Case No.-427 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== ALAM ANSARI S/o Kalamuddin Ansari Resident of Village- Molnapur, P.S.- Siwan Muffasil, Dist.- Siwan ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s Y.C.Verma, Sr. Advocate Kumari Anupam, Advocate For the State :
Mr. Narsingh Tanti, APP For the Informant :
Mr. Md. Ataul Haque, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-08-2022 Heard learned senior counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has renewed his prayer for bail in a case registered under sections 302 and 34 of the Indian Penal Code.
As per the prosecution case the petitioner is said to have assaulted the mother of the informant with an iron rod leading to her death.
It is submitted by learned senior counsel that the earlier prayer for bail of the petitioner was rejected vide order dated 8.12.2021 (Annexure-1). Once again submitting on merits of the case it is submitted by learned senior counsel that the husband of the deceased in his statement has not made direct
Patna High Court CR. MISC. No.28975 of 2022(3) dt.31-08-2022 2/2 allegation against this petitioner as being the sole assailant. The petitioner is in custody since 23.12.2020.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and on going through the material that has transpired in course of investigation, it transpires that beside there being direct allegation against the petitioner in the FIR, the informant has also supported the case against the petitioner in his further statement in course of investigation. The petitioner being the main assailant, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
(Partha Sarthy, J) Spd/- U T