Md. Salauddin Ansari vs The State Of Bihar
2021 Latest Caselaw 2298 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL MISCELLANEOUS No. 4298 of 2021
           Arising Out of PS Case No.-9 Year-2020 Thana- PRATAPGANJ District- Supaul
      ======================================================

1. Md. Salauddin Ansari, aged about 35 years, Male.

2. Md. Alauddin Ansari @ Md. Alauddin, aged about 32 years, Male Both Sons of Eid Mohammad.

Both are resident of Village- Bhawanipur Uttar, Duaniya, PS- Pratapganj, District-Supaul.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the State : Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-06-2021

The matter has been heard via video conferencing.

2. The matter has been heard out of turn on the basis of

motion slip filed by learned counsel for the petitioners yesterday,

which was allowed.

3. Heard Mr. Nafisuzzoha, learned counsel for the

petitioners and Mr. Ramchandra Sahni, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioners apprehend arrest in connection with

Pratapganj PS Case No. 09 of 2020 dated 23.01.2020, instituted Patna High Court CR. MISC. No.4298 of 2021 dt.08-06-2021

under Sections 341, 447, 323, 324, 325, 379, 354A, 504 and

506/34 of the Indian Penal Code.

5. The allegation against the petitioners and others is of

assault on the informant and her family members leading to

injuries and specifically against these two petitioners is of assault

by lathi, danda and farsa which resulted in fracture on the leg of

the mother-in-law of the informant and also on the leg of the

father-in-law, who later on succumbed to the injury.

6. Learned counsel for the petitioners submitted that the

allegation is general and omnibus of also having assaulted later

on. Learned counsel submitted that both parties are neighbours

and there is dispute of land and there is also a counter case for the

same incident which has been lodged by the father of the

petitioners, who is also an accused in the present case. Learned

counsel submitted that the petitioners have no criminal antecedent.

7. Learned APP submitted that there has been serious

injuries on the side of the informant and the petitioners are

specifically accused of having given blow by lathi, danda and

farsa. It was further submitted that the wound inflicted on the

father-in-law of the informant has led to his death later on.

Patna High Court CR. MISC. No.4298 of 2021 dt.08-06-2021

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioners.

9. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T