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Patna High CourtCR. MISC./5775/2023bail rejected

Md. Abu Basar v. The State Of Bihar

2023-05-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5775 of 2023 Arising Out of PS. Case No.-195 Year-2022 Thana- MANER District- Patna ====================================================== 1.

Md. Abu Basar, Son of Md. Matim, Resident of Village - Ganauriya, P.S.- Maner, District - Patna.

2.

Md. Akhlaqu @ Md. Akhlaku @ Akhlakur Rahman, Son of Md. Jharul @ Jharu, Resident of Village - Sigori, P.S.- Sigori, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-05-2023 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

As per prosecution case, these petitioners assaulted the informant by means of iron rod, danda and inflicted injury on the head of the informant.

Learned counsel for the petitioners submit that the petitioners are innocent. It is next submitted that petitioner No. 1 is own cousin brother of the informant and there is dispute between the parties with regard to partition of ancestral property

Patna High Court CR. MISC. No.5775 of 2023(2) dt.11-05-2023 2/2 and due to which this false and concocted case has been made against these petitioners.

However, learned counsel for the State opposes the prayer for bail and submits that there is specific allegation of assault against these petitioners and informant sustained grievous injury.

Considering the nature of accusation and grievous nature of injury, prayer for anticipatory bail of the petitioners is rejected.

(Prabhat Kumar Singh, J) Navya/- U T