Arzoo @. Md. Arzoo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10064 of 2017 Arising Out of PS.Case No. -506 Year- 2016 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Arzoo @. Md. Arzoo Son of Ashraf Ali @ Md. Chand, Resident of Village-Purani Munsifi, Police Station-Laheriasarai, District-Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Laheriasarai P.S. Case No. 506 of 2016, pending in the Court of learned Chief Judicial Magistrate, Darbhanga instituted for the offence under Section (s) 147, 148, 149, 341, 323, 447, 448, 307, 120B, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

There is allegation in the written report that on the date of occurrence while the informant was sitting in his Angan, this petitioner and other accused persons with 6-7 unknown persons armed with weapon came in the Angan and with intention to kill co-accused Shahid Rab fired on the brother of the informant Fawad Nasir which hit in the stomach. Thereafter all the accused persons badly injured the informant by assaulting the

Patna High Court Cr.Misc. No.10064 of 2017 (3) dt.30-03-2017 2/2 informant with lathi, danda and iron rod. It is alleged against this petitioner that he assaulted the informant with iron rod on his head and left eye. The accused persons also assaulted the sister of the informant.

The case diary has been received. The injury report of the informant is available in the case diary which shows that injured has sustained two injuries on the head and after CT scan, the patient was referred to the PMCH for further treatment and final opinion of PMCH has not been received. It further appears that brother of the informant also sustained fire arm injury on his abdomen and he was also referred to the PMCH. In such circumstance, this Court is not inclined to enlarge the petitioner on anticipatory bail. The prayer of the petitioner for anticipatory bail is rejected. The petitioner is directed to surrender before the Court below within a period of six weeks from today in connection with Laheriasarai P.S. Case No. 506 of 2016 and seek regular bail, which shall be considered and disposed off on its own merit without being prejudiced by the order of this Court. (Sanjay Priya, J) Shageer/- U T