Imamuddin @ Md. Amamuddin @ Aimamudin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23356 of 2021 Arising Out of PS. Case No.-455 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

IMAMUDDIN @ MD. AMAMUDDIN @ AIMAMUDIN SON OF SK MERAJUDDIN @ SK. MERAJ RESIDENT OF VILLAGE- MADHOPUR, SEKH TOLI, P.S. TURKAULIA, DISTRICT-EAST CHAMPARAN 2.

SK. MERAJUDDIN @ SK. MERAJ SON OF LATE SK. AZIZ, RESIDENT OF VILLAGE- MADHOPUR, SEKH TOLI, P.S. TURKAULIA, DISTRICT-EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-04-2022 For the reason of this case not having been taken up even once for a year, priority hearing has been given. Heard Mr. Nafisuzzoha, learned Advocate for the petitioners and the learned APP.

The petitioners seek bail in anticipation of their arrest in connection with Turkauliya P.S. Case No. 455 of 2020 dated 11.07.2020 instituted for the offences under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. The petitioner no. 1 is said to have assaulted the informant by means of garasa on his head whereas petitioner no. 2 is alleged to have assaulted the informant by means of an iron

Patna High Court CR. MISC. No.23356 of 2021(2) dt.15-04-2022 2/2 rod which hit him in his neck. Though one of the injuries suffered by the victim is stated to be grievous in nature but that injury is not attributable to either of the petitioners. There is a counter version of the occurrence as well. The petitioners and the informant are agnates. Be that as it may, considering the fact that the informant has received one grievous injury on his person, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioners surrender before the court below and seek bail, the afore-noted grounds shall be taken note of and the petitioners and the informant are agnates and a Title Suit is also pending between the parties and an order shall be passed in accordance with law without being prejudiced by the fact that the present petition on their behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T