← Library
Patna High CourtCR. MISC./3791/2020rejected

Md. Helal v. The State Of Bihar

2021-02-11Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3791 of 2020 Arising Out of PS. Case No.-284 Year-2019 Thana- PALASI District- Araria ====================================================== MD. HELAL S/o Hazi Islam R/o village- Gopal Nagar, P.S.- Palasi, DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-02-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Palasi P.S. Case No. 284 of 2019 (G.R. No. 3135 of 2019) for the offence under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the occurrence took place on 24.08.2019 whereas the F.I.R. has been lodged on 26.08.2019 after lapse of two days without explaining plausible delay.

Learned counsel for the State has opposed the

Patna High Court CR. MISC. No.3791 of 2020(4) dt.11-02-2021 2/2 prayer for bail and submitted that there is direct allegation of assault on the head of the informant by means of knife against the petitioner as a result of which informant sustained life threatened injury on his head. Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.

(Arvind Srivastava, J) Brajesh/- U T