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Patna High CourtCR. MISC./3961/2025rejected

Md. Julfekhar @ Sk. Julfekar v. The State Of Bihar

2025-02-12Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3961 of 2025 Arising Out of PS. Case No.-95 Year-2024 Thana- AMDABAD District- Katihar ====================================================== Md. Julfekhar @ Sk. Julfekar Son of Sk. Sattar village- Chakba, P.S.- Amdabad, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-02-2025 Heard Mr.Sanjeev Kumar Singh, learned counsel for the petitioner and Mr.Chandra Sen Prasad Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Amdabad P.S.Case No.95 of 2024, FIR dated 27.05.2024 registered for the offences punishable under Sections 341,323,324,307,504,506/34 of IPC.

3. The prosecution case as stated in FIR is that on 27.05.2024 all the accused persons assaulted to mother of informant by their respective arms. It has been alleged by informant that in course of occurrence petitioner Zulfekar assaulted on head of mother of informant.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.3961 of 2025(2) dt.12-02-2025 2/2 implicated in the present case. It appears from the FIR that the petitioner has assaulted to the mother of the informant and it appears from the FIR itself that due to admitted land dispute between the parties, the present occurrence had taken place. Further submits that now the matter has been compromised between the petitioner and the informant.

5. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that from a bare perusal of the FIR it appears that there is specific allegation of assault attributed against the petitioner and the injury report of the mother of the informant suggests that the injury is grievous in nature.

6. Considering the aforesaid fact and nature of allegation against the petitioner as alleged in the FIR and the injury inflicted upon the injured person is grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Amdabad P.S.Case No.95 of 2024, pending in the court of learned C.J.M., Katihar.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T