Patna High CourtCR. MISC./5286/2017dismissed

Md. Azad @ Faijur Rashid @ Azad v. The State Of Bihar

2017-02-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5286 of 2017 Arising Out of PS.Case No. -183 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Md. Azad @ Faijur Rashid @ Azad Son of Murtaza Sheikh, Resident of Village-Deurwa, P.S.-Lauriya, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Nath Jha For the Opposite Party/s : Mr. Sri Ahtash Ali Khan For the informant : Mr. Umesh Chandra Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 The petitioner is apprehending his arrest in connection with Lauriya P.S. Case No. 183 of 2016, registered for offences punishable under Sections 147, 148, 149, 323, 324, 308, 379, 506 and 504 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that allegation against the petitioner is that he has assaulted the informant, however, there is case and counter case between the parties and the occurrence took place on the petty issue of drainage. The petitioner has no criminal antecedent. Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail by stating that one of the injuries caused to the informant is grievous in nature. Having heard both sides, in view of the fact that one of

Patna High Court Cr.Misc. No.5286 of 2017 (2) dt.15-02-2017 2/2 the injuries inflicted on the person of the informant by the petitioner, found to be grievous in nature, I am not inclined to grant the petitioner the privilege of bail, it is accordingly rejected. However, if the petitioner surrenders before the Court below and pray for regular bail, his application shall be considered by the court below on the merit of the case, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T