Goraka Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73270 of 2025 Arising Out of PS. Case No.-142 Year-2025 Thana- PUNAURA District- Sitamarhi ====================================================== Goraka Ansari S/o- Naim Ansari @ Naeem Ansari R/v- Girmisani (Fatehpur) W.No-9, Punaura Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Ms. Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-11-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 352, 351(2) and 3(5) of the BNS, 2023 as well as Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 05.07.2025 while he was talking to his friend at 09:30 p.m. at Rainwala Crossing when Roushan, Sunny and Goraka Ansari (petitioner) came and started abusing. Thereafter, Roushan and Sunny assaulted him by belt and brought him near the house of Jagarnath. On query by Jagarnath, the accused told that informant is a Muslim when Jagarnath gave orders to kill, thereafter Sunny and Goraka Ansari caught him and Roushan
Patna High Court CR. MISC. No.73270 of 2025(2) dt.13-11-2025 2/3 and Jagarnath assaulted the informant. Further, Roushan twisted his arm causing fracture and on arrival of the informant's family members, it is alleged that Hira came armed with weapon and fired on the informant but firearm injury was caused to Asjad Raza on his thigh and the other bullet caused injury on stomach of Nasad Raza, thereafter the accused persons again fired twothree times in the air and fled away.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of twisting the arms of the informant causing fracture is against Roushan. It is next submitted that though there is no specific allegation against the petitioner of assaulting the informant as the informant alleges that Roushan and Sunny both assaulted him by belt. It is also submitted that no doubt firing was caused but then petitioner is not alleged to have fired causing firearm injury to the injured.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the allegations are in two parts. In the first part, it is alleged that it was the petitioner along with other accused who assaulted the
Patna High Court CR. MISC. No.73270 of 2025(2) dt.13-11-2025 3/3 informant and when his family members came, accused Hira came and fired causing firearm injury to two persons. It is further submitted that petitioner is not alleged to have fired but then his presence at the place of occurrence emboldened Hira to commit the occurrence of firing causing firearm injury to two persons from the side of the informant. It is next submitted that investigation of the case is in its nascent stages.
6. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Punaura P.S. Case No. 142 of 2025 pending in the Court of learned Chief Judicial Magistrate, Sitamarhi/Successor Court.
7. Hence, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T