Md. Nasim Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24756 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -KHARAGPUR District- MUNGER ======================================================

1. Md. Nasim Khan Son of Late Wazo Khan @ Md. Wazid, Residnet of Village- Sheikh Tola, P.S.- Kharagpur, District- Munger .... Petitioner

Versus

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

For the Petitioner : Mr. Raj Kumar Choudhary, Adv. For the Opposite Party : Mr. Sanjay Kumar Tiwary, APP 128 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 147, 148, 149, 341, 323, 448, 307 and 504 of the Indian Penal Code and 27 of the Arms Act. The petitioner is alleged to have caused injury on the head of Laddun @ Mahfooz.

Submission of the learned counsel for the petitioner is that co-accused, Md. Pappu, has already been allowed regular bail by a coordinate Bench of this Court in Cr. Misc. No. 18770 of 2017.

Considering the fact that the petitioner had knowledge that his act might cause death as well as considering the fact that co-accused, Md. Pappu, is not alleged to have caused any injury on the vital part of the body of the informant and the case of the petitioner is distinguishable, hence, I am not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail is refused in connection with Kharagpur P.S. Case No. 11 of 2017 (G.R. No. 125 of 2017) pending in the Court of the Subdivisional Judicial Magistrate, Munger.

(Birendra Kumar, J) SA/- U √ T √