Patna High CourtCR. MISC./8405/2024bail rejected

Md. Nasim Akhtar v. The State Of Bihar

2024-03-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8405 of 2024 Arising Out of PS. Case No.-154 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== Md. Nasim Akhtar S/O Jalil Village- Sakarpura, Ps. Pandaul, Dist. Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Sinha For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Pandaul P.S Case No. 154/2022 dated 22.07.2022 registered for the offences punishable u/ss 341, 323, 324, 307 and 504 read with 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant's son went to pacify the matter between the petitioner and his wife. In the meantime, the petitioner and the co-accused persons with an intent to kill, assaulted the informant's son and the petitioner stabbed in the stomach of the son of the informant, causing injury.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.8405 of 2024(2) dt.06-03-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. As per the impugned order, the injury is grievous in nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that there is specific allegation against the petitioner. It is further submitted that the petitioner had intention to kill the informant's son.

6. Considering the aforesaid facts and circumstances of the case as well as the grievous injury and specific allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within six weeks from the date of this order and the Court below shall consider the prayer of the bail of the petitioner without being prejudice by this order.

7. This application stands rejected.

(Chandra Prakash Singh, J) atul/- U T