Tufail Anwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30030 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Tufail Anwar Son of Abdul Gaffar, resident of Village- Ramdiha, Police Station- Chakia, District- East Champaran.
.... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Mujtabaul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-09-2016 Heard both sides.
The petitioner apprehends his arrest in Chakia P.S. Case No. 41 of 2015, registered for the offences punishable under Sections 302 and other Sections of the Indian Penal Code. The informant Fahimuddin named the petitioner along with five other accused persons and alleged that on account of land dispute there was quarrelling between the parties. Reja Alam armed with spade, Maisar Alam armed with brick and iron rod and Naushad armed with danda came and thereafter all the accused persons assaulted the father of the informant. Learned counsel for the petitioner submits that there is no specific allegation of assault against the petitioner Tufail Anwar. The deceased died due to injury found on his head caused
Patna High Court Cr.Misc. No.30030 of 2016 (2) dt.08-09-2016 2/2 by Reza Alam. Reza Alam has already been granted regular bail vide order passed in Cr. Misc. No. 44216/2015. It appears that similarly situated accused persons, namely Abdul Jabbar and Taslim Ansari have also been granted regular bail.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.
The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered taking into consideration that Reza Alam who is alleged to have assaulted the deceased causing injury on the head of the deceased has already been granted regular bail vide order passed in Cr. Misc. No. 44216/2015. The court below shall dispose of the bail petition of the petitioner preferably on the same day.
(Prabhat Kumar Jha, J.) Rakhi U T