Asagar Ali @ Shekh Asagar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24977 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- KANHAULI District- Sitamarhi ====================================================== ASAGAR ALI @ SHEKH ASAGAR S/o Shekh Halim R/o villageMuhchatti, P.S.- Kanhauli, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 354, 504, 34 of the Indian Penal Code. Allegation against the petitioner that he assaulted the informant with farsa on his neck which hit him on head. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that similarly situated co-accused has been granted bail by the learned court below on the basis of

Patna High Court CR. MISC. No.24977 of 2021(2) dt.08-12-2021 2/2 compromise. He submits that allegation levelled against the petitioner is general and omnibus in nature. He submits that petitioner bears no criminal antecedent as stated in para-3 of this bail application.

However, learned APP for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner of assaulting the informant by farsa. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Kanhauli P.S. Case No. 63 of 2020 pending before the court of the learned Chief Judicial Magistrate, Sitamarhi. If the petitioner surrenders before the learned court below and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T