Md. Allauddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2274 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- ANGARGHAT District- Samastipur ====================================================== 1.
Md. Allauddin Son Of Md. Daud Resident Of Village- Harpur Rewari,TolaRampur Samthu, Ward No. 09, P.S.- Angarghat, District- Samstipur. 2.
Md. Sonu Son Of Md. Daud Resident Of Village- Harpur Rewari,TolaRampur Samthu, Ward No. 09, P.S.- Angarghat, District- Samstipur. 3.
Md. Jalaluddin @ Kalamuddin @ Md. Kalamaddin Md. Daud Resident Of Village- Harpur Rewari,Tola- Rampur Samthu, Ward No. 09, P.S.- Angarghat, District- Samstipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rana Sanjay Kumar Singh For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 325, 354, 447, 379, 504, 506 of the Indian Penal Code.
It is alleged against the petitioners that they assaulted the son of the informant, as a result of which, he succumbed to the injuries. It is specifically alleged
Patna High Court CR. MISC. No.2274 of 2022(4) dt.15-11-2022 2/3 against petitioner No. 3 that he assaulted with the handle of the hand pump on the head of the deceased whereas petitioner No. 1 is alleged to have assaulted with iron rod and lathi.
It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. There is counter version of the occurrence also. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the petitioners and submitted that petitioners are named in the F.I.R. There is specific accusation against the petitioners to have assaulted the deceased. The prosecution witnesses have also supported the prosecution case. The postmortem report of the deceased as well as the injury report of the
Patna High Court CR. MISC. No.2274 of 2022(4) dt.15-11-2022 3/3 informant also support the prosecution case.
In the facts and circumstance of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioners.
The prayer for grant of anticipatory bail to the petitioners stands rejected.
(Sunil Kumar Panwar, J) Shageer/- U T