Sheikh Shahrukh @ Shahrukh Ali @ Sheikh Sharukh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24372 of 2022 Arising Out of PS. Case No.-221 Year-2021 Thana- BHANGWANPUR HAT District- Siwan ====================================================== SHEIKH SHAHRUKH @ SHAHRUKH ALI @ SHEIKH SHARUKH S/O LATE SHEIKH REYAZUDDIN @ MD. REYAJUDIN R/o village- Sareya, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 504, 506 and 34 of the Indian Penal Code. The informant alleges that on account of dispute relating to children, petitioner assaulted Ghulam by knife and repeated the blow thrice causing injury on chest and Tinku assaulted mother of Ghulam by knife causing injury on chest, it is next alleged that Saddam snatched chain and ear-ring worth Rs.75,00,000/- from the informant's sister-in-law and the women accused took away ornaments and cash.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.24372 of 2022(2) dt.09-11-2022 2/2 petitioner has antecedent of two cases and has been falsely implicated in the present case, it is next submitted that on account of dispute between the children the alleged occurrence is said to have taken place. Learned counsel next submits that no doubt allegation is of assault by knife but then injury is simple in nature. Learned counsel also submits that from side of the petitioner Bhagwanpur P.S. Case No. 222 of 2021 has been instituted against the side of the informant. Learned A.P.P.

for the State opposes the prayer for anticipatory bail of the petitioner and submits that perusal of the allegation it would manifest that petitioner stabbed Ghulam by knife and repeated the blow thrice, it is also submitted that no doubt the injury is simple but then it is on vital part of the body and the blow was repeated which clearly reflects a criminal mind of the petitioner who already has two antecedents. Considering the submission made by the learned A.P.P. the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

(Satyavrat Verma, J) GauravSinha/- U T