Naseem Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48187 of 2025 Arising Out of PS. Case No.-156 Year-2023 Thana- DHANSOI District- Buxar ====================================================== Naseem Ansari Son of Kalamuddin Ansari Resident of Village - Mohanpur, Police Station - Dhansoi, District - Buxar (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan, Advocate Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP For the Informant :
Dr. Kamal Deo Shankar, Advocate Mr. T. Bhaskar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Dhansoi P.S. Case No. 156 of 2023 dated 22.10.2023 registered for the offences u/s 341, 323, 324, 307, 379, 504, 506 read with Section 34 of the Indian Penal Code.
3. The prosecution case, in short, is that all the accused persons came at the grocery shop of the informant and started abusing the informant. On being objected by the informant, the accused persons started assaulting the informant on his head with sharp weapon (baisakhi) causing head injury. On hulla, the informant's wife came and saw the accused Shamim Ansari with danda in his hand and some articles of
Patna High Court CR. MISC. No.48187 of 2025(2) dt.29-08-2025 2/3 informant's shop and other accused persons fled away from the place of occurrence. Thereafter, the informant was taken to the hospital for treatment.
4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in this case. It is submitted that during course of investigation nothing material has come against the petitioner. The petitioner has not committed any offence as alleged in the FIR. There is case and counter case between the parties. It is further submitted that during medical examination two injuries have been found on the body of the informant in which injury no. 1 is fracture of right frontal bone and found grievous in nature and injury no. 2 is simple in nature as stated in para 14 of the bail petition. Similarly situated other co-accused persons namely, Shamim Ansari, Zarina Khatoon and Taibun Khatun have been granted anticipatory bail by this Court vide order dated 27.02.2024 passed in Cr. Misc. No. 10972 of 2024. the petitioner has no criminal antecedents as stated in para 3 of the bail petition.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that there is directed and specific allegation of assault to informant on his head by means of baisakhi against the
Patna High Court CR. MISC. No.48187 of 2025(2) dt.29-08-2025 3/3 petitioner due to which he has sustained fracture of right frontal bone and the doctor has opined the injury to be grievous in nature.
6. Considering the aforesaid facts and circumstances of the case as well as the grievous injury. It is not fit case for anticipatory bail of the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected and the petitioner is directed to surrender before the Court below within six weeks from the date of this order and pray for regular bail, the learned Court below may consider the prayer for regular bail of the petitioner in accordance with law and on its own merits without being prejudiced by this order.
7. This application is rejected.
(Chandra Prakash Singh, J) Raj Ranjan/- U T