Muzaffar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8621 of 2020 Arising Out of PS. Case No.-219 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== MUZAFFAR HUSSAIN Son of Zahiruddin Resident of Village - Nunia Farsadangi, Police Station - Kishanganj, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kishanganj P.S. Case No. 219 of 2019 for the offence registered under Sections 341, 323, 307, 504, 506, 379/34 of the Indian Penal Code.

The allegation is regarding the petitioner and other accused persons having assaulted the informant and others with sticks, rod and farsa and as far as the petitioner is concerned, he is alleged to have given repeated rod blow on the head of the informant, namely, Abdul Mallik.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the matter

Patna High Court CR. MISC. No.8621 of 2020(5) dt.19-01-2021 2/2 has been compromised thus a lenient view may be taken. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner and taking into account the materials available in the case diary, this Court finds that the injuries sustained by the informant on account of the rod blow inflicted by the petitioner, has been found to be 'dangerous to life', thus 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