Shabir @ Sk Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46209 of 2018 Arising Out of PS.Case No. -54 Year- 2018 Thana -AMDABAD District- KATIHAR ======================================================

1. Shabir @ Sk Sabir S/o Sk. Fakir @ Sk. Fakeer Mohammad, R/o Vill.- Raghunathpur Kewala, P.S.- Amdabad, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Amdabad P.S. Case No. 54/2018, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 307, 379 and 506 of the Indian Penal Code.

In the written report, there is specific allegation against this petitioner of assaulting the informant with Farsa causing injury on his head. The petitioner again assaulted the informant with back of Farsa on his shoulder. Injury report has been enclosed as Annexure-4 to the bail petition, which shows that the doctor has found sharp cut wound on right parietal temporal region and swelling of right shoulder with one bruise and also

Patna High Court Cr.Misc. No.46209 of 2018 (2) dt.21-08-2018 2/2 incised wound over chest. Injury no. 1 is opined to be grievous in nature.

Learned counsel for the petitioner has submitted that the petitioner was not present at the place of occurrence. He was present in the institute at the time of occurrence where he is student (Annexure-3).

This Court is of the view that plea of alibi can be properly looked into at the time of trial.

In the F.I.R., there is specific allegation against the petitioner. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. The petitioner is directed to surrender before the Court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, which shall be considered on its own merit without being prejudiced by this order.

(Sanjay Priya, J.) Rakhi U T