Kmruddin Ansari @ Kamuddin Ansari @ Kamduddin Ansari @ Kamruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38997 of 2021 Arising Out of PS. Case No.-78 Year-2021 Thana- DIGHWARA District- Saran ====================================================== Kmruddin Ansari @ Kamuddin Ansari @ Kamduddin Ansari @ Kamruddin Son of Hisabuddin Ansari Resident of Village - Nijam Chak, P.S. - Dighwara, District - Saran at Chapra (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

24-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Dighwara P.S. Case No.78 of 2021, registered for the offence under Section 341, 323, 324, 307, 504, 34 of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have assaulted the uncle of the informant by Daab (a sharpedged weapon) repeatedly on his head, neck, ear and chest, as a result of which, the uncle of informant sustained severe injury. It is submitted on behalf of petitioner that petitioner is quiet innocent and has been falsely implicated in this case due to land dispute. Both sides are pattidar. Petitioner is an old aged person and there is no specific allegation against him. The injury report is not available on the record. Petitioner is in custody since 25.03.2021. Chargesheet has already been submitted.

Patna High Court CR. MISC. No.38997 of 2021(2) dt.24-09-2021 2/2 However, learned A.P.P. for the State vehemently opposed the bail petition and submitted that there is specific and direct allegation against this petitioner of assaulting the uncle of informant, as a result of which, uncle of the informant got severe injuries and was under-treatment at P.M.C.H., Patna. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J.) anay U T