Allauddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32571 of 2018 Arising Out of PS. Case No.-331 Year-2017 Thana- JOGAPATTI District- West Champaran ====================================================== Allauddin Ansari, S/o Late Ishaque Ansari, R/o Vill.- Semari Bhawanipur, P.S.- Jogapatti (Nawalpur), District- West Chmaparan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 25.09.2017 in connection with Sessions Trial No.107 of 2018, arising out of Jogapatti (Nawalpur) P.S. Case No.331 of 2017, registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 302, 447, 448 of the Indian Penal Code, which is pending in the court of the learned 3rd Additional Sessions Judge, West Champaran, Bettiah.

Learned counsel for the petitioner submits that the allegation of assault over the head of the deceased by means of Lathi has been attributed to the petitioner. The further allegation levelled against one Jallabuddin Ansari is that he

Patna High Court Cr.Misc. No.32571 of 2018(4) dt.07-08-2018 2/2 had also assaulted the deceased by means of iron rod. Learned counsel for the petitioner, however, submits that only one injury was found on the head of the deceased and, therefore, it cannot be conclusively said that the assault was attributed to the present petitioner.

Diary in the present case was called for, which has since been received.

Learned counsel appearing on behalf of the State after perusal of the case diary, including the post-mortem examination report, submits that two injuries have been found on the head of the deceased and have been attributed to this petitioner and, therefore, he may not be extended the privilege of bail.

Having considered all facts and circumstances of the case, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) PNM U T