Sahjahan Ansari @ Md. Shahjahan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51239 of 2019 Arising Out of PS. Case No.-184 Year-2016 Thana- DHURAIYA District- Banka ====================================================== 1.

SAHJAHAN ANSARI @ MD. SHAHJAHAN ANSARI Son of Taj Ali Ansari Resident of Village- Rahmandih, Police Station- Dhoraiya, DistrictBanka. 2.

Naushad Ansari Son of Sahjahan Ansari @ Md. Shahjahan Ansari Resident of Village- Rahmandih, Police Station- Dhoraiya, District- Banka. 3.

Mojamil Ansari @ Md. Mojamil Ansari Son of Sahjahan Ansari @ Md. Shahjahan Ansari Resident of Village- Rahmandih, Police Station- Dhoraiya, District- Banka.

4.

Mustaque Ansari @ Md. Mustaque Ansari Son of Sahjahan Ansari @ Md. Shahjahan Ansari Resident of Village- Rahmandih, Police Station- Dhoraiya, District- Banka.

5.

Sohrab Ansari @ Md. Sohrab Ansari Son of Sahjahan Ansari @ Md. Shahjahan Ansari Resident of Village- Rahmandih, Police Station- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-08-2019 Heard both sides.

The petitioners apprehend their arrest in Dhoraiya P.S. case No. 184 of 2016 registered under Section 341, 323, 379, 308, 504/34 of the IPC.

The informant named all the five petitioners and alleged that they all assaulted the informant and his family members. It is further alleged that Sohrab Ansari snatched chain made of silver from the wife of informant. There is specific allegation that Shahjahan Ansari, petitioner No.1, assaulted Waris Ansari causing injury on his head and the doctor

Patna High Court CR. MISC. No.51239 of 2019(2) dt.20-08-2019 2/2 kept opinion reserved regarding the injury. Naushad Ansari, petitioner No.2, assaulted Afjal Ansari with Lathi on his head and all the petitioners are alleged to have indiscriminately assaulted the informant and others. The opinion regarding injury on shoulder of Afjal Ansari was also kept reserved. The learned counsel for the petitioners submits that there is counter version being Dhoraiya P.S. case No. 183 of 2016 but it appears that petitioners first moved before the learned Sessions Judge in ABP No. 700 of 2016 for grant of anticipatory bail but the same was rejected. The petitioners did not appear in court nor filed anticipatory bail in this court. The petitioners kept watching for two years and again filed ABP No.

1506 of 2018 which was also dismissed but even then the petitioners did not move before this court. The petitioners made 3rd attempt for grant of anticipatory bail vide ABP No. 754 of 2019 that too after four years of the occurrence. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T