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Patna High CourtCR. MISC./75042/2023dismissed

Wasim Ansari @ Wasim Alam v. The State Of Bihar

2023-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75042 of 2023 Arising Out of PS. Case No.-572 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Wasim Ansari @ Wasim Alam Son Of Turfain Ansari R/O Village- Chailahan, Pakariya, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Shailendra Kumarl, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code pending in the learned court below.

3. Allegation against the petitioner is that he assaulted the injured person, namely, Sarfaraj Ansari by giving several knife blows.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the injury report has not supported the allegation against the petitioner. He submits that there is land dispute between the parties and both parties are agnates. He

Patna High Court CR. MISC. No.75042 of 2023(2) dt.05-12-2023 2/2 further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the petitioner has given several knife blows on the injured persons which is clear from the impugned order itself and injured person personally presented in the learned Court below on physical verification, it was found that there were several stab injuries over chest and abdomen of the injured person. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Turkauliya P.S. Case No. 572 of 2023. Accordingly, his prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T