Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2435 of 2015 Arising Out of PS.Case No. -167 Year- 2013 Thana -PANDAUL DistrictMADHUBANI ====================================================== Md. Akbar S/o - Md. Assin Resident of Vill + P.O. Sharhad, P.S. - Pandaul, Dist. - Madhubani.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Shankar Das, Adv. For the Opposite Party/s : Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 307 & 324/34 of IPC. Allegation against the petitioner is to have assaulted Md. Misrul, son of the informant by knife causing him injury and when Md. Lal, the nephew of the informant came to his rescue other accused also assaulted him.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to land dispute. The informant is not the eye witness to the occurrence. The petitioner has no criminal antecedent.

Learned counsel for the State submits that there is

Patna High Court Cr.Misc. No.2435 of 2015 (3) dt.13-03-2015 2/2 specific allegation of assault against the petitioner to have assaulted the deceased by knife and he succumbed to the injury during treatment and the post-mortem report also supports the prosecution case as there is incised wound on right buttock to the deceased. After investigation, the case has been found true and the charge-sheet has been submitted.

Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.

(Amaresh Kumar Lal, J) Kanchan/- U T