Md. Harun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10832 of 2023 Arising Out of PS. Case No.-138 Year-2022 Thana- BHARGAMA District- Araria ====================================================== MD. HARUN Son of Md. Abdul Jabbar R/V- Charrapatti Birnagar East, P.SBhargama Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha For the Opposite Party/s :
Mr. Vinod Shanker Modi Mr. Anil Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard the parties.
The petitioner apprehend his arrest in connection with Bhargama P.S. Case No.138 of 2022, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324,, 325, 354B, 307, 504, 506/34 of the IPC and 27 of Arms Act. The allegation against the petitioner is that he fired upon the brother of the informant due to which he got injury of his leg.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and
Patna High Court CR. MISC. No.10832 of 2023(5) dt.13-07-2023 2/2 omnibus in nature. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that there is a specific allegation against the petitioner to assault the brother of the informant by means of fire arms.
Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law.
(Anjani Kumar Sharan, J) shikha/- U T