Naitullah @ Natullah Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83630 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Naitullah @ Natullah Ansari S/o Idrish Ansari @ Idrish Raut Resident of village- Konahiya Tola Barkurwa, P.S. - Chakia, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the State :
Mr.Tapeshwar Sharma, APP For the informant :
Mr. Dhananjai Kumar No.2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-05-2025 Heard learned Counsel for the petitioner, learned APP for the State and learned counsel for the Informant.
2. The petitioner is apprehending arrest in connection with Chakia P.S. Case No. 214 of 2024 registered on 20.07.2024 for the offenses punishable under Sections 126(2), 115(2), 118(1), 109, 352, 303(2), 3(5) B.N.S. 2023. Subsequently, section 103(1) of the B.N.S., 2023 was also added.
3. As per the prosecution, the present F.I.R. has been lodged against twelve named accused persons, including the petitioner. It is alleged that all the accused, in connivance, with each other assaulted the victim with the intention to kill him by using deadly weapons such as swords, lathis, and iron rods, as a result of which the victim sustained serious injuries and subsequently died during the course of treatment.
Patna High Court CR. MISC. No.83630 of 2024(3) dt.12-05-2025 2/2
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the allegations levelled against the petitioner are omnibus and general in nature, without any specific overt act attributed to him. The petitioner has a clean antecedent.
5. Learned counsel for the informant opposes the prayer for bail and submits that although there may not be specific allegations against the petitioner, but the F.I.R. clearly states that all the accused, including the petitioner, jointly attacked the informant's son and nephew with iron rods, lathis, and swords. As a result of the brutal assault, the informant's son succumbed to his injuries.
6. Learned APP for the State vehemently opposes the prayer for bail.
7. 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 Chakia P.S. Case No. 214 of 2024, pending before the learned C.J.M., East Champaran, Motihari, is hereby rejected.
(Dr. Anshuman, J) Ashwini/- U T