Md. Kari v. The State Of Bihar

Patna High Court Cr.Misc. No.34825 of 2017 (3) dt.09-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34825 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -BISFI District- MADHUBANI ======================================================

1. Md. Kari, Son of Md. Khalil, resident of Village- Simari West Tole, P.S.- Bisfi, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bisfi Police Station Case No. 22 of 2017, disclosing offences under Sections 147, 148, 324, 307, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there is land dispute between the parties and the petitioner has falsely been implicated in this case. No occurrence took place as alleged in the F.I.R. Hence, the petitioner deserves the privilege of anticipatory bail. Learned A.P.P. for the State has opposed the prayer

Patna High Court Cr.Misc. No.34825 of 2017 (3) dt.09-10-2017 for bail and submitted that there is direct allegation of assault against the petitioner by means of Knife causing injury to the informant. Prosecution witnesses have also supported the prosecution version.

Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory of the petitioner. Accordingly, the prayer for anticipatory bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U T