Rahim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13082 of 2016 Arising Out of PS.Case No. -18 Year- 2011 Thana -BARGANIA District- SITAMARHI ====================================================== Rahim Ansari Son of Yasin Ansari, Resident of Village - Shekhauna, P.S. - Bairgania, District - Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Anisur Rahman, Advocate.

For the Opposite Party : Mr. Chandra Bhushan Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-07-2016 Heard both sides.

The petitioner apprehends his arrest in Bairgania P.S. Case No. 18 of 2011 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 341, 302, 307 and 353 of the Indian Penal Code and under Sections 3(1)(x) of the SC/ST Act. The son of the informant named the accused persons including the petitioner as Basir the tractor driver and alleged that they all assaulted his father Nawal Paswan when he went to pacify the altercation.

It is submitted that the informant named the tractor driver as Basir, but the petitioner is not Basir and he has got no alias name.

It appears from the case diary that it was the petitioner

Patna High Court Cr.Misc. No.13082 of 2016 (3) dt.04-07-2016 2/2 who was driving the tractor and many other witnesses have also stated this fact that it was the petitioner who was driving the tractor who and assaulted the deceased.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail in Bairgania P.S. Case No. 18 of 2011, pending in the court of the Chief Judicial Magistrate, Sitamarhi. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T