Disposed¶21

Md. Akbar Ansari v. The State of Bihar

Pre-arrest bail – refusal

Patna HC5 Feb 2025CR. MISC./1084/2025

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What is this about?

Patna High Court; CR. MISC. No. 1084 of 2025; Md. Akbar Ansari v. The State of Bihar; Gaya Kotwali P.S. Case No. 447 of 2024; pre-arrest bail / anticipatory bail refused; BNS 2023 Sections 126(2), 115(2), 109, 351(2), 3(5); grievous injury by fist, slap and iron rod; co-accused Isfaque Ansari held iron rod allegation; petitioner aged 22 years, student claim not stated in bail application; liberty to surrender and seek regular bail considered same day; Purnendu Singh, J; decision dated 05-02-2025.

What did the court decide?

Pre-arrest bail refused; petitioner permitted to surrender before the District Court and seek regular bail to be considered on the same day. ¶21

Md. Akbar Ansari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1084 of 2025

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Arising Out of PS. Case No.-447 Year-2024 Thana- GAYA KOTWALI District- Gaya

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======================================================

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Md. Akbar Ansari S/o Late Md. Sanaullah Khan R/o Mohalla- Waris Nagar, P.S.- Kotwali, Dist.- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar, Advocate. For the Opposite Party/s : Mrs.Asha Devi, APP. ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 05-02-2025

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Heard Mr. Birendra Kumar, learned counsel appearing

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on behalf of the petitioner and Mrs. Asha Devi, learned APP for the State.

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The petitioner seeks pre-arrest bail in connection with Kotwali P.S. Case No. 447 of 2024 registered for the offence punishable under Sections 126(2), 115(2), 109, 351(2) and 3(5) of the B.N.S., 2023.

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As per the allegation made in the F.I.R., the petitioner along with other accused persons is said to have abused and assaulted the the informant by means of fist, slap and iron rod causing grievous injury, with a common intention to kill him.

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Learned counsel appearing on behalf of the petitioner submitted that the the specific allegation of assault by means of iron rod is against co-accused Isfaque Ansari. The

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Patna High Court CR. MISC. No.1084 of 2025(2) dt.05-02-2025 2/2

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allegation against the petitioner is of assaulting the informant by means of fist and slap. Learned counsel further submits that the petitioner is aged about 22 years and he is a student and he is pursing his studies.

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Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submitted that with a common intention to kill the informant, petitioner along with other accused persons had assaulted the informant causing grievous injury and no statement has been made in the bail application that the petitioner is a student and he is pursuing his studies, don’t call for grant of pre-arrest bail to the petitioner.

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Having considered the rival submissions made on behalf of the parties and the fact that it is contended on behalf of the petitioner that he is a student and pursuing his studies, but in this regard, no statement has been made in the bail application, I am not inclined to enlarge the petitioner on pre-arrest bail.

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The petitioner, however, may surrender before the learned District Court and seek regular bail which may be considered on the same day.

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The bail application stands disposed of.

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(Purnendu Singh, J)

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mantreshwar/- U T

Md. Akbar Ansari v. The State of Bihar

Case brief

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Md. Akbar Ansari v. The State of Bihar

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