Kallu Kuraishi @ Julphikar Kuraishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9171 of 2023 Arising Out of PS. Case No.-35 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== Kallu Kuraishi @ Julphikar Kuraishi Son Of Mater Kuraishi R/O VillageRani Sagar, P.S.- Shahpur, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmatma Singh, Advocate For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Shahpur P.S. Case No. 35 of 2022 registered for the offences punishable under Section 147, 148, 149, 341, 323, 325, 307, 379, 504, 506 of the Indian Penal Code.
As per the prosecution case, all the FIR named accused persons including the petitioner assaulted the informant's father by means of lathi, danda and iron rod. Petitioner assaulted with Farsa on the head of the informant's father causing grievous injury to him.
Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. It is further submitted due to land dispute the occurrence took place and
Patna High Court CR. MISC. No.9171 of 2023(2) dt.09-05-2023 2/2 both are Gotiyas. It is further submitted that petitioner has clean antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that specific allegation of assault is against the petitioner and two grievous injury was found on the person. Considering the nature of injuries , I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected. However, if petitioner surrenders before the learned court below within a period of six weeks from today, and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner, preferably, on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) N.K/- U T