Abdul Hasib @ Md. Hashib @ Abdul Hasib Rabbani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8806 of 2018 Arising Out of PS.Case No. -252 Year- 2017 Thana -BHARGAWAN District- ARRARIA ====================================================== Abdul Hasib @ Md. Hashib @ Abdul Hasib Rabbani Son of Md. Sadarul Alam, Resident of Village-Chharrapatti, P.S. Bhargama, District Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

20-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in relation to Bhargama P.S. Case No. 252/2017 registered under Sections 147, 149, 341, 323, 324, 307, 354B, 379, 504, 506, 447 and 448 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Araria. Learned counsel for the petitioner submits that although the allegations against the petitioner is that he has given a Farsa blow on the head of Md. Jahangir Alam but in the facts of the present the parties are litigating in civil suits and both the parties have suffered in a kind of free fight among themselves. Learned counsel submits that the case of the petitioner for the grant of anticipatory bail is

Patna High Court Cr.Misc. No.8806 of 2018 (2) dt.20-02-2018 fit to be considered.

Learned counsel for the informant submits that even though the parties are said to be litigating in civil dispute in kind of assault which has taken place in the present case would be evident from the injury report of Md. Jahangir Alam where the doctor has opined the nature of injury as grievous one and in fact there is evidence which shows that the assault caused on his head had fractured the temporal bone, the petitioner does not deserve anticipatory bail.

Considering the nature of allegation particularly that this petitioner has assaulted Mr. Jahangir Alam who has suffered grievous injury, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T