Shamser Alam @ Shamser Sah @ Samser Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28439 of 2024 Arising Out of PS. Case No.-372 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Shamser Alam @ Shamser Sah @ Samser Alam, Son of Muslim Sah, R/o Village- Basmatiya, Ward No. 1, P.S. Basmatiya O.P. (Narpatganj), DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Naushaduzzoha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Narpatganj (Basmatiya O.P.) P.S. Case No. 372 of 2023, instituted under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, accused persons including the petitioner attacked on the informant. It is alleged that petitioner wrapped Gamchha in the neck of the informant and dragged him and told other accused persons to kill him on which all the accused persons assaulted the informant with fists and kicks. It is further alleged that the petitioner inflicted injury in the abdomen of Nasim by blow of dagger, who was brought at Birpur (Supaul) Govt. Hospital for his treatment.

Patna High Court CR. MISC. No.28439 of 2024(2) dt.20-05-2024 2/2

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the informant and all the accused persons including the petitioner are co-villager and there was a hot talk and during pushing to each other injured Nasim fell down on iron bar and sustained injury in his abdomen. He further submits that injury on the injured Nasim is grievous in nature but the same has not been caused by the petitioner. Petitioner has one criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant opposing the prayer for anticipatory bail submits that there is specific allegation against the petitioner of causing injury in the abdomen of Nasim by dagger blow which is corroborated by the medical evidence and he is not entitled for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case, the prayer for anticipatory bail of the petitioner stands rejected.

(Sunil Dutta Mishra, J) rakhi/- U T