Dilshad @ Md. Dilshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3785 of 2020 Arising Out of PS. Case No.-254 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== 1.

DILSHAD @ MD. DILSHAD Son of Md. Mirtuza Resident of Village - Inderpur, Ward No. 12, P.S. Chhatapur, District- Supaul. 2.

Ekbal Son of Md. Mirtuza Resident of Village - Inderpur, Ward No. 12, P.S. Chhatapur, District- Supaul.

3.

Md. Alam Son of Ushman Resident of Village - Inderpur, Ward No. 12, P.S. Chhatapur, District- Supaul.

4.

Md. Murtuza Son of Ushman Resident of Village - Inderpur, Ward No. 12, P.S. Chhatapur, District- Supaul.

5.

Md. Anbarul Son of Late Ushman Resident of Village - Fatehpur, P.S. Narpat Ganj, District- Araria.

6.

Md. Hizbul Son of Late Ushman Resident of Village - Fatehpur, P.S. Narpat Ganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Mithilesh Kumar Khare, learned A.P.P. for the State. The petitioner no.1 apprehends his arrest in connection with Chhatapur P.S. Case No. 254 of 2019 for the offence

Patna High Court CR. MISC. No.3785 of 2020(5) dt.16-09-2020 2/2 registered under Sections 147, 148, 149, 341, 323, 307, 354A and 379 of the Indian Penal Code.

The accused persons are alleged to have beaten the son of the informant and as far as the petitioner no. 1 of the present case is concerned, he is stated to have assaulted the son of the informant by farsa resulting in him receiving grievous injuries. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is having no complicity in the matter. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that there is direct allegation of assault as against the petitioner no. 1 of the present case which has resulted in the son of the informant sustaining grievous injury, I do not find the present case to be a fit case for grant of anticipatory bail, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T