Aslam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63951 of 2025 Arising Out of PS. Case No.-345 Year-2025 Thana- DHAKA District- East Champaran ====================================================== 1.

Aslam Ansari S/o Nezamuddin Ansari @ Nezamuddin R/o Village - Dhaka Ramchandra, P.S - Dhaka, District - East Champaran 2.

Apsar Ansari @ Afasar Ansari S/o Nezamuddin Ansari @ Nezamuddin R/o Village - Dhaka Ramchandra, P.S - Dhaka, District - East Champaran 3.

Afzal Ansari @ Salamuddin Ansari S/o Shahabuddin @ Shahabuddin Ansari R/o Village - Dhaka Ramchandra, P.S - Dhaka, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Zaki Haider, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2025

1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant, Mr. Pramod Kumar Prasad.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 127(2), 115(2), 118(1), 109, 351(2) and 3(5) of the BNS, 2023.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on eve of Muharram, his son was intercepted by the accused persons and Afsar stabbed him in the chest causing injury, it is next alleged that Chhotu Ansari had conspired to get

Patna High Court CR. MISC. No.63951 of 2025(2) dt.23-09-2025 2/3 his son killed and accused were saying to kill Firdaus also, further on information, the family members came and injured were admitted in the hospital.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant, it is next submitted that no doubt the informant alleges that Afsar stabbed his son on chest causing injury, but then it is submitted that a dispute was going on in between the informant's side and the petitioners' side and on the eve of Muharram the injured received injury while playing on the eve of Muharram and took the same as an opportunity to implicate the accused persons including the petitioners. It is also submitted that it does not stand to reason that as to how the family members were informed about the occurrence and on the same day, the injured was admitted at PHC and from where he was referred to Motihari and thereafter to Muzaffarpur, but then the injured from Motihari was admitted in a private hospital and then on the same day, he came back to Dhaka, which amply demonstrates that the occurrence took place in some other manner and the same was taken as an opportunity to implicate the petitioners.

5. Learned A.P.P. for the State and the learned counsel

Patna High Court CR. MISC. No.63951 of 2025(2) dt.23-09-2025 3/3 appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners, the learned counsel appearing on behalf of the informant submits that there is specific allegation against Afsar of stabbing the injured and the petitioners were present at the place of occurrence which emboldened Afsar to commit the occurrence. The learned APP for the State submits that investigation in the case is still continuing.

6. Considering the submissions made by the learned APP for the State and the learned counsel appearing on behalf of the informant, the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T