Patna High CourtCR. MISC./14584/2024dismissed

Md. Dilkash Khan v. The State Of Bihar

2024-03-12Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14584 of 2024 Arising Out of PS. Case No.-21 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Md. Dilkash Khan Son Of Farid Khan R/O Village- Koily, P.S.- Nanpur, Disdtrict- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar, Advocate For the Informant : Mr. Noushad Khan, Advocate For the State :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-03-2024 Heard Mr. Braj Bhusan Poddar, learned counsel for the petitioner, Mr. Noushad Khan, learned counsel appearing on behalf of the Informant and Mr. Rajendra Prasad Nat, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Nanpur P.S. Case No. 21 of 2023, F.I.R. dated 14.01.2023 registered for the offences punishable under Sections 341, 323, 324, 307, 325, 379/34 of the Indian Penal Code.

3. Allegation against the petitioner is of inflicting assault to the informant and his family members by means of lathi, iron rod etc. causing injury to them.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.14584 of 2024(2) dt.12-03-2024 2/2 petitioner is innocent and he has been falsely implicated in the present case . He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Learned counsel for the Informant as well as learned APP for the State, on the other hand, opposed the prayer for anticipatory bail of the petitioner and submits that the present bail application is not maintainable on the ground that process under Sections 82 and 83 of the Cr.P.C. have already been issued and the petitioner is responding the present case.

6. In that view of the matter, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner on that score alone. The anticipatory bail petition stands dismissed as not maintainable in connection with Nanpur P.S. Case No. 21 of 2023.

(Rajesh Kumar Verma, J) Ibrar//- U T