Md. Idrish Ansari @ Idrish Ansari @ Md. Isrish Ansari @ Md. Idrish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55627 of 2017 Arising Out of PS.Case No. -98 Year- 2017 Thana -KHAJEKALA District- PATNA ====================================================== Md. Idrish Ansari @ Idrish Ansari @ Md. Isrish Ansari @ Md. Idrish Son of Md. Wasim, R/o Mohalla- Gulshan Haidari, P.S.- Khajekalan, Distt.- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khajekala P.S. Case No. 98 of 2917 instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged in the written report that informant received information that some miscreants were assaulting a person near Lal temple. The informant reached the place of occurrence and saw a person lying on the ground and 15-20 miscreants were assaulting him with bricks and stone. The miscreants fled away on seeing the police party. Three of them including this petitioner fled away on the black Motorcycle which has been identified by the people and other persons who had assaulted the deceased. Besides them, Md. Arif, Hasnain,

Patna High Court Cr.Misc. No.55627 of 2017 (3) dt.08-12-2017 2/2 Abhishek Kumar, Shahjada @ Thapa and Md. Saddam were also identified. On enquiry, people gathered there told the name of the deceased who was firstly shot by fire arm and then assaulted by bricks and stones.

Case diary has been received wherein the postmortem report is available which shows that deceased sustained several injuries caused by firearms.

It is mentioned in paragraph-3 of the bail petition that petitioner has criminal antecedent.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be considered/disposed off by the court below in accordance with law preferably on the same day, if possible, without being prejudiced by this order. (Sanjay Priya, J) S.Ali/- U T