Ziyaul Haque @ Jiaul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6569 of 2020 Arising Out of PS. Case No.-120 Year-2017 Thana- KOTWA District- East Champaran ====================================================== ZIYAUL HAQUE @ JIAUL HAQUE, S/O Akbar Alam, R/O Village - Pokhara Shekh Toli, P.S. - Kotwa, District - East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vagisha Pragya Vacaknavi, Adv.
For the Opposite Party/s :
Mr.Anita Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, apprehends his arrest in Kotwa P.S. Case No. 120/2017 registered for the offences punishable under Sections 120-B, 323, 307, 504, 379/34 and Section 302 of the Indian Penal Code.
Allegation against petitioner is of giving Farsa blow on the head of husband of the informant, as a result of which he sustained injury on his head and subsequently he died during treatment.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. Both the
Patna High Court CR. MISC. No.6569 of 2020(2) dt.29-06-2020 2/2 parties are own pattidar and there is land dispute between them. Similarly placed co-accused, namely, Akbar Alam has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 30.07.2018 passed in Cr. Misc. No. 22327 of 2018. Petitioner has got no criminal antecedent. Considering the direct allegation against petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Hence, the prayer for bail of the petitioner is hereby rejected at this stage.
However, if petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered on its own merits without being prejudiced by this order. (S. Kumar, J) veena/rajiv U T