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Patna High CourtCR. MISC./30075/2016rejected

Safar Ali Khan @ Saafar Ali Khan v. The State Of Bihar

2016-09-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30075 of 2016 Arising Out of PS.Case No. -82 Year- 2016 Thana -PUPRI District- SITAMARHI ====================================================== Safar Ali Khan @ Saafar Ali Khan Son of Mohammad Khan, resident of Village- Kalyanpur, P.S. Pupri, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa, Adv. For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2016 Heard both sides.

The petitioner apprehends his arrest in Pupri P.S. Case No. 82/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant made allegation that when he went to his old house the petitioner and others surrounded him and the petitioner who happens to be his own uncle stabbed dagger in his abdomen.

Mr. Ashhar Mustafa learned counsel for the petitioner submits that petitioner is none else than own uncle of the informant. The occurrence took place due to land dispute. The informant was injured on 07.05.2016, but the injury report shows that the informant was treated on 08.05.2016 at 9.30 p.m.

Patna High Court Cr.Misc. No.30075 of 2016 (3) dt.30-09-2016 2/2 On the other hand learned counsel for the informant as well as learned A.P.P. opposed the prayer for anticipatory bail of the petitioner.

It appears that there is very specific allegation against the petitioner that he inflicted dagger blow in the abdomen of the informant and the injury is 3" X 1" Intestine cavity deep. The injury is opined to be grievous.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T