Sk. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12270 of 2023 Arising Out of PS. Case No.-495 Year-2019 Thana- KORHA District- Katihar ====================================================== SK. KASIM Son of Sk. Jarib Resident of village - Madhura, P.S.- Korha, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Musowir For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Korha P.S. Case No. 495 of 2019 registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code pending in the Court of learned C.J.M., Katihar. Prosecution case in short is that the petitioner along with other co-accused persons assaulted the informant when he was sleeping in his shop. The petitioner assaulted the informant on his chest by iron rod.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injuries. Similarly

Patna High Court CR. MISC. No.12270 of 2023(2) dt.27-04-2023 2/2 situated co-accused has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 25.06.2020 passed in Cr. Misc. 11432 of 2020. Petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State vehemently opposing the bail petition submitted that there is specific overt against the petitioner. He along with other co-accused persons brutally assaulted the informant on his head as well as abdomen, due to which he sustained grievous injuries. Hence, he does not deserve privilege of anticipatory bail.

Considering the facts and circumstances of case and the nature of the offence, particularly, the nature of injury, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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