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Patna High CourtCR. MISC./34119/2021rejected

Jishan @ Jishan Hussain v. The State Of Bihar

2022-03-02Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34119 of 2021 Arising Out of PS. Case No.-549 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== JISHAN @ JISHAN HUSSAIN Son of Eklakh Hussain Resident of Village - Karnapur (Hajam Toli), East Of Majid, P.S.- Siwan Muffasil, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-03-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Siwan Muffasil P.S. Case No. 549 of 2020 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and has been falsely implicated in this case due to enmity and local politics. There is only one injury which is simple in nature. Petitioner has no criminal antecedent.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named

Patna High Court CR. MISC. No.34119 of 2021(2) dt.02-03-2022 2/2 accused in the first information report and there is direct allegation of assault against them which is supported by the injury. Petitioner, therefore, does not deserve to be granted the privilege of anticipatory bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T