Alamgir Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36230 of 2018 Arising Out of PS. Case No.-195 Year-2017 Thana- BAIRIYA District- West Champaran ====================================================== Alamgir Ansari son of Harif Ansari resident of village Miyapur Tilangahi Naya Basti, P.s. Bairiya, district West Champaan ... ... Petitioner/s
Versus
1. State Of Bihar
2. Nasruddin Ansari son of Dabal Ansari resident of village Miyapur Tilangahi, Naya Basti P.S. Bairiya District West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar No.-7 For the Opposite Party/s :
Mr.Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-02-2020 This application has been filed for cancellation of bail granted to O.P.no.2 vie order dated 9.4.2018 passed by the learned Addl. Sessions Judge Ist, West Champaran at Bettiah in Bail Petition No.953 of 2018 .
Ground of cancellation on behalf of the petitioner is that the learned court below considering the fact that the injuries are not danger to life and caused by the hard and blunt substance has allowed bail to O.P.no.2, however, the injury report discloses that it is grievous in nature on the head and further he was in custody only for 48 days.
Heard learned APP and perused the impugned order and annexure-2 filed by the learned counsel for the petitioner, from which it appears that though there is finding of the injuries
Patna High Court CR. MISC. No.36230 of 2018(6) dt.24-02-2020 2/2 being grievous in nature but the injuries are caused by the hard and blunt substance whereas allegation is of assault by sharp cutting weapon and also no repetition and he was in custody for 48 days.
Considering the same the learned Addl. Sessions Judge has allowed bail , vide order dated 9.4.2019 and there is no allegation of misuse of the privilege of bail or tampering with the evidence though two years period has already expired. Considering the above facts, I find no merit application. Accordingly, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T