Md. Kabir Alam @ Chhotan @ Md. Dilshan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14485 of 2023 Arising Out of PS. Case No.-412 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== MD. KABIR ALAM @ CHHOTAN @ MD. DILSHAN Son of Md. Abdul Rashid Resident of Village -Rampur Kesho @ Mallahi, P.S.- Paroo, District - Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Paroo P.S. Case No. 412/2021 registered for the offences punishable under Sections 341, 323, 325, 307, 304/34 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, the informant has alleged that petitioner along with his brother and 2-3 unknown persons were in drunken condition passing indecent comment against the ladies of the house of the informant. He further alleged that when the son of the informant was protested then all the accused persons started abusing him and petitioner tried to strangulate him by tying a Gmachha around his neck. Petitioner

Patna High Court CR. MISC. No.14485 of 2023(2) dt.19-05-2023 2/2 assaulted the son of the informant by punching as a result of which his jaw was fractured.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that the son of the informant and the petitioner are in same age group and for petty issue both sides assaulted each other.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein there is a specific allegation against the petitioner of giving assault on the face of the son of the informant causing grievous injury to him, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is, thus, refused.

This application is dismissed.

(Rajeev Ranjan Prasad, J) Rajeev/- U T