Akmal Reza @ Akmal Raza @ Md. Akmal Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5039 of 2022 Arising Out of PS. Case No.-528 Year-2021 Thana- KISHANGANJ District- Kishanganj ====================================================== AKMAL REZA @ AKMAL RAZA @ MD. AKMAL HUSSAIN Son of Asgar Reza @ Asgar Raza Resident of Village- Lahra Phulwari, Marwari Collage Road, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kishanganj P.S. Case No. 528 of 2021 registered for the offences punishable under Sections 341, 323, 307, 504, 379, 506 and 34 of the Indian Penal Code.

The informant alleges that while her husband was standing in front of Farman Panwala's shop and was talking about Panchayat election with the shopkeeper, the accused persons, including the petitioner, came and it is alleged that petitioner assaulted the victim with an iron rod on head causing injury and he fell unconscious thereafter other accused also assaulted with dabiya and lathi and the informant was brought

Patna High Court CR. MISC. No.5039 of 2022(2) dt.18-08-2022 2/2 to the hospital and was admitted in ICU.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case and the F.I.R. came to be instituted after a delay of two days as such it appears that the petitioner has been implicated by way of afterthought. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that admittedly the blow was on vital part of the body causing grievous injury, further informant's husband was admitted in I.C.U. as such it might have taken some time in instituting the F.I.R. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail is thus rejected.

(Satyavrat Verma, J) Rishi/- U T