Mohammad Wajhul Kamar @ Md. Wajhul Qumar @ Wajhul Qumar @ Wajul Qumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22054 of 2024 Arising Out of PS. Case No.-52 Year-2023 Thana- SIKTI District- Araria ====================================================== Mohammad Wajhul Kamar @ Md. Wajhul Qumar @ Wajhul Qumar @ Wajul Qumar, S/o Hazi Irfan Mansuri, R/o Dhengari, Dedhua, Ward No. 01, Bairgachhi, Sohagmare, P.S. - Sikty (Bardaha Out Post), District - Araria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Ravish, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sikty (Bardaha) P.S. Case no. 52 of 2023 instituted for the offence punishable under Sections 147, 149, 341, 323, 324, 354, 379, 307, 448, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioner is that he has inflicted on the head of the informant's husband Muhammad Nizam by blow of sword which is grievous in nature.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.22054 of 2024(2) dt.22-04-2024 2/2 petitioner and the informant are close relative and due to land dispute, the occurrence took place and both the parties got injuries in the occurrence. There is case and counter case between the parties. Petitioner has no criminal antecedent and he is ready to cooperate in the investigation and trial.

5. Learned APP appearing for the State has opposed the prayer of anticipatory bail of the petitioner and submitted that there is specific allegation against the petitioner of giving sword blow on the injured Muhammad Nizam which is grievous in nature and corroborated by the medical report.

6. Having heard learned counsel for the parties and taking into consideration that there is specific allegation of causing sword blow on the head of the husband of the informant which is corroborated by the medical report, this Court is not inclined to grant anticipatory bail to the petitioner and, as such, his prayer for anticipatory bail is rejected.

7. The anticipatory bail application stands dismissed (Sunil Dutta Mishra, J) khushbu/- U T