Md. Naimul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32126 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- AMDABAD District- Katihar ====================================================== MD. NAIMUL HAQUE, Son of Md. Yunus Resident of Maltipur, P.S.- Amdabad, District- Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Amdabad P.S. Case No. 36 of 2019 registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

Allegation against the petitioner is of assault to one Izharul Hoque with spade on his head and there is also allegation of assault by other accused persons. Submission of learned counsel for the petitioner is that there is case and counter case between the parties and both sides have received injuries. It is also submitted that other coaccused persons have been granted anticipatory bail. Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail stating that injury caused to the prosecution side is grievous in

Patna High Court CR. MISC. No.32126 of 2019(4) dt.29-07-2019 2/2 nature and so far injury caused to petitioner's side is concerned, the same is simple in nature.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T