Patna High CourtCR. MISC./64865/2018dismissed

Md. Najrul @ Md. Najrul Haque v. The State Of Bihar

2018-11-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64865 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -AMDABAD District- KATIHAR ======================================================

1. Md. Najrul @ Md. Najrul Haque, S/o Late Abdul Rauf, Resident of Village- Baluwa, P.S.- Amdabad, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.B.Kumar For the Opposite Party/s : Mr. K.V.Narayan For the informant : Mr. Surendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-11-2018 Heard the parties.

Petitioner seeks bail in Amdabad P.S. Case No. 34/18 registered for the offence under Sections 341, 323, 324, 325, 307, 504, 34, 302 of I.P.C.

Allegation against the petitioner along with other accused persons is of assault to the deceased and the informant by rod, sword causing injury on their head, legs. The petitioner is said to have given sword blow on the informant causing injury on his head and leg. Deceased Maniruddin who happened to be the uncle of the informant succumbed after 18 days in course of treatment. Submission on behalf of the learned counsel for the petitioner is that the petitioner is not the assailant of the deceased rather the informant. There is case and counter case. The injury of

Patna High Court Cr.Misc. No.64865 of 2018 (2) dt.02-11-2018 2/2 the informant caused by the petitioner is said to be grievous but not dangerous to the life.

Heard the learned A.P.P. assisted by the informant who opposed the prayer for bail stating that injury received by the informant is also grievous in nature.

Having heard both sides and in view of the facts and circumstances of the case, stated above, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail is rejected. However, once charge is framed, he may renew his prayer for bail.

This application is, accordingly dismissed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U