Wakar @ Wakar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31950 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Wakar @ Wakar Ali Son of Hamraj Minya R/O Village- Sangrampur Gopal, P.S.-Phulwaria, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sandesh Roy For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2.

The petitioner apprehends his arrest in connection with Phulwaria P.S. Case No. 296 of 2023 registered for the offences punishable under Sections 341, 342, 323, 324, 307, 504 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that informant alleges that the accused persons surrounded his son, and Noor Alam along with Imran snatched the key of his motorcycle and thereafter Abhay Yadav caught the collar of his son and got him down and gave order to kill, on which Rahil @ Prince and Khalid assaulted by knife causing severe injury.

Patna High Court CR. MISC. No.31950 of 2024(2) dt.20-07-2024 2/2 4.

It is next submitted that petitioner has been implicated in the instant case by the informant. It is next submitted that the specific allegation of causing knife injury to the injured is against Rahil @ Prince and Khalid. It is next submitted that at best the allegation against the petitioner is that he was also present at the place of occurrence.

5.

Learned A.P.P. for the State and learned counsel appearing on behalf of the informant oppose the prayer for anticipatory bail of the petitioner. Learned counsel for the informant submits that the son of the informant was brutely assaulted by knife causing injury, it is fairly submitted that though the petitioner is not alleged to have assaulted the injured but then he was also present at the place of occurrence which emboldened the other accused to commit the occurrence.

6.

Considering the submissions made by the learned counsel for the informant, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. 7.

The prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) SUMIT/- U T