Md. Irshad @ Idd Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30405 of 2019 Arising Out of PS. Case No.-281 Year-2018 Thana- KHAIRA District- Saran ====================================================== MD. IRSHAD @ IDD MOHAMMAD Son of Jumaddin Miya Resident of Village - Nagra Dhobi Tola, P.S.- Khaira (Nagra), District - Saran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant. The petitioner apprehends his arrest in connection with Khaira (Nagar) P.S. Case No. 281 of 2018, registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

Petitioner is said to have assaulted on the head of the informant by means of iron-rod inflicting head injury to him at the exhortation of one Jumaddin.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. Petitioner happens to be Patidar

Patna High Court CR. MISC. No.30405 of 2019(2) dt.08-05-2019 2/2 of the informant and there is land dispute between them. He has no criminal antecedent.

On the other hand, learned A.P.P for the State and learned counsel for the informant vehemently opposing the anticipatory bail petition submitted that petitioner has assaulted on the head of the informant by means of iron-rod causing grievous injury on his head and he was referred to PMCH Patna, hence petitioner does not deserve anticipatory bail. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seeks regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Prakash Chandra Jaiswal, J) T.Kr./- U T