Imam Ali Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38216 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- BELSAND District- Sitamarhi ====================================================== IMAM ALI ANSARI SON OF MD. ABDUR RAZZAQUE R/O VILLAGEBHATAULIA, P.S.- BELSAND, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anisur Rahman For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 304 of the Indian Penal Code pending in the learned court below. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He further submits that the petitioner is a poor man and he earns his livelihood by working as a masion (Raj Mishtri). He submits that police has wrongly implicated the petitioner in this case stating that the petitioner had constructed

Patna High Court CR. MISC. No.38216 of 2022(3) dt.17-02-2023 2/2 Septic Tank in his own land 5 feet deep and covered the same with plywood instead of cemented slab and the said two girls fell in the said dick and died. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application and submitted that the there is ample evident against the petitioner in the case diary. Hence, he does not deserve anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Belsand P.S. Case No. 15/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order. (Anjani Kumar Sharan, J) ajay/- U T