Afzal Ansari @ Afzal Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75513 of 2024 Arising Out of PS. Case No.-340 Year-2024 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Afzal Ansari @ Afzal Alam Son of Kamruddin Ansari Village- D.K. Sarangpur P.S.- G.B. Nagar, Dist.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sandesh Roy, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-01-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with G.B. Nagar P.S. Case No. 340 of 2024 registered on 29.06.2024 for the offenses punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution, the present F.I.R. has been lodged against four named accused persons including the petitioner with an allegation of assault to the informant and informant's family member. It is specifically alleged in the F.I.R. that the petitioner assaulted the informant, her daughter and granddaughter with an iron rod.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.75513 of 2024(3) dt.29-01-2025 2/2 The antecedent of the petitioner is clean. The present case has been lodged only in the background of land dispute and village politics.

5. Learned APP for the State vehemently opposes the prayer for bail and submits that on earlier occasion, case diary has been called for. From perusal of case diary it appears that the injury caused to the informant is grievous in nature.

6. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with G.B. Nagar P.S. Case No. 340 of 2024, pending before the learned A.C.J.M.-IV, Siwan is hereby rejected.

7. However, if the petitioner surrenders before the Trial Court within four weeks from today and prays for regular bail, this order shall not prejudice the consideration of the bail application by the Trial Court. The Trial Court shall pass an appropriate order on the petitioner's bail application after going through the injury report.

(Dr. Anshuman, J) Ashwini/- U T