Md. Shahid @ Md. Sahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41895 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- MANIGACHI District- Darbhanga ====================================================== MD. SHAHID @ MD. SAHIL S/O MD. NAZIM R/O VILLAGEBANGHAT, P.S.- MANIGACHHI, DISTRICT-DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 307, 324 and some other allied Sections of the Indian Penal Code. As per the prosecution case, this petitioner along with co-accused, Md. Nazim, assaulted the informant as a result of which he sustained nine injuries.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. The occurrence took place on the spur of moment for fixing of bricks on the door of informant and there was no premeditation. It is further submitted that though the doctor found nine injuries on the person of informant but injuries No.1 and 2 are simple in nature and opinion with regard to injuries

Patna High Court CR. MISC. No.41895 of 2021(4) dt.02-08-2022 2/2 No.3 to 9 are kept reserved.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that this petitioner along with co-accused, Md. Nazim mercilessly assaulted the informant as a result of which he sustained multiple injuries. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T