Ali Ansari @ Bhutoo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43199 of 2022 Arising Out of PS. Case No.-646 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== ALI ANSARI @ BHUTOO Son of Late Mustaque Ansari Resident of Village - Sheikh Mohalla , Siwan, P.s.- Siwan Town, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-02-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with S.Tr. No. 159/2022 arising out Siwan Town P.S. Case 646/2021, registered for the offence punishable under Sections 448/341/323/324/307/504/34 of the Indian Penal Code. As per prosecution case, allegation against the petitioner is that he gave knife blow to the informant on the back. It is alleged that informant's son was also given knife blow by the petitioner in the stomach. It is further alleged that one knife blow was also given on back of the informant's son and bleeding started after that his son fell down. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.43199 of 2022(4) dt.01-02-2023 2/2 petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 14.11.2021 and bears no criminal antecedent. He further submits that the informant sustained simple injury by hard blunt substance which is not corroborated with the allegation made in the FIR. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that the informant's son sustained three knife blows in his stomach which is evident from the injury report and the doctor opined that the injuries are grievous in nature which supports the prosecution case.

Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with injury report and material available on record, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.

However, the trial court is directed to expedite the trial as early as possible.

(Alok Kumar Pandey, J) amitkumar/- U T