Md Ekramuddin Ansari @ Md Ekramuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65113 of 2022 Arising Out of PS. Case No.-103 Year-2011 Thana- SIGAUDI District- Patna ====================================================== MD EKRAMUDDIN ANSARI @ MD EKRAMUDDIN S/O Late Md. Azmuddin Ansari R/O Village- Jarkha, P.S- Sigori, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Abdul Matin S/O Late Nasir Husain R/O Village- Jarkha, P.S- Sigori, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahboob Ashraf, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2023 This is an application for cancellation of anticipatory bail granted by the Hon'ble Court vide order dated 31.08.2022 passed in Cr. Misc. No. 71090 of 2021 to the opposite party No. 2 in connection with Sigaudi Complaint Case No. 103 of 2021 pending in the court of Additional Chief Judicial Magistrate-III, Danapur in which cognizance has been taken under Sections 147, 149, 341, 323, 379, 307, 448, 427, 504, 506 of the Indian Penal Code.
It is submitted on behalf of the petitioner that at the time of hearing of the bail application, opposite party No. 2 has given false statement in paragraph No. 3 of the bail application that 'the petitioner has no criminal history' however, there are
Patna High Court CR. MISC. No.65113 of 2022(2) dt.05-07-2023 2/2 two criminal cases that are pending against him. Learned counsel for the State opposes the application and submits that it was mere submission of the opposite party No. 2 (petitioner therein) and was not consideration or ground for grant of bail rather, opposite party No. 2 has been granted bail considering the fact that there is case and counter case and the case filed by his side was earlier in point of time and injury caused by him was found to be simple in nature. Considering the fact that this Court while allowing bail to opposite party No. 2 vide order dated 31.08.2022 had considered the merits of the case. In the present case, petitioner has not made any good ground to interfere with the order dated 31.08.2022.
This application is, accordingly, dismissed.
(Prabhat Kumar Singh, J) Navya/- U T