Farhan Muzaffar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20953 of 2023 Arising Out of PS. Case No.-477 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== FARHAN MUZAFFAR S/O LATE NANHE ANSARI @ MD. MUZAFFAR HUSSAIN R/O Mohalla- Alafganj Shivdhara, P.S- L.N.M. University, Distt.- Darbhanga.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Helal Ahmad , Advocate For the Opposite Party/s :
Mr. Shantanu Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341/323/324/325/307/504/34 of Indian Penal Code.
3. Proseuction case, in brief, is that on 09.08.2022 informant went to play with other members of Muharram Akhara. When they reached at Shivdhara Chowk then after lapse of 15-20 minutes, this petitioner along with other accused persons came in Akhara and assaulted informant and other persons namely, Md. Tara, Md. Irfan, Md. Mintu in which they sustained injuries. It is further alleged that informant identifided two persons in mob in which one of the member was this
Patna High Court CR. MISC. No.20953 of 2023(3) dt.28-07-2023 2/2 petitioner.
4. It is submitted that there is general and omnibus allegation of assault against this petitioner. Petitioner's name transpired by the eye witness Md. Chand Malik (informant). It is further submitted that specific allegation of assault is against other co-accused persons. Petitioner claims clean antecedent.
5. However, learned counsel for the State opposed vehemently opposed the bail petition and submits that petitioner has been identified by the informant and the injury caused by this petitioner to the informant is found to be grievous in nature.
6.Considering the nature of injury and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T