Md. Tamanne v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12968 of 2025 Arising Out of PS. Case No.-554 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== Md. Tamanne S/o- Mohammad Sadrul Hasan @ Sadrul Hasan Resident of Village - Dadari, P.S. - Nanpur, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the State :

Mr. Choubey Jawahar, APP For the Informant :

Mr. Adesh Raj, Advocate Ms. Swarnima, Advocate Mr. Neelmani Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in connection with Nanpur P.S. Case No. 554 of 2024 for the offence registered under Sections 191(2), 190, 115(2), 118(1), 109, 76, 324(4), 324(5), 352, 351(2) of the B.N.S., 2023 lodged on 24.10.2024 by the informant Hasrat .

3. As per prosecution story, the informant alleged that the accused persons came armed variously and the allegation is that accused Anuthe gave sword blow on the informant. When Imtyazul Hasan, his brother came to rescue, the allegation is that the petitioner gave Garasa blow causing injury on his head. Md. Saddam was also assaulted causing fracture in the hand while

Patna High Court CR. MISC. No.12968 of 2025(3) dt.14-05-2025 2/2 Md. Ladle inflicted sword blow on the uncle of the informant. They were taken to Sadar Hospital, Sitamarhi and then Imteyazul Hasan was shifted to S.K.M.C.H., Muzaffarpur. This led to the FIR.

4. Learned counsel for the petitioner submits that there is case and counter case, the accused side lodged the case earlier to the present one, he has no criminal antecedent and no second blow was given.

5. The informant is appearing in this case and he has taken this Court to the injury report to show that not only the same has been recorded as grievous, a fracture was also detected which followed his shifting to the S.K.M.C.H., Muzaffarpur.

6. Considering the allegation that has come against the petitioner of assault on the head and the injury has been found to be grievous in nature, certiorari, relief cannot be extended to the petitioner.

7. The anticipatory bail application stands rejected. (Rajiv Roy, J) priyanka/- U T