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Patna High CourtCR. MISC./32441/2025rejected

Safdar Ali @ Md. Safdar Ali @ Bhutari v. The State Of Bihar

2025-05-20Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32441 of 2025 Arising Out of PS. Case No.-270 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Safdar Ali @ Md. Safdar Ali @ Bhutari S/o Late Md. Tafajul R/o vill - Mubarakpur, P.S.- Sonbarsa, Distt.- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Sonbarsa P.S. Case No. 270 of 2024 registered for the offences punishable under Sections 191(2), 115(2), 118, 109, 76, 352, 351 of B.N.S., 2023.

3. As per prosecution case, petitioner is said to have assaulted the informant by means of sword causing injury on his finger. It is further alleged that petitioner again assaulted the informant by means of sword causing injury on the head. It is also alleged that petitioner assaulted Md. Faizi @ Shahbaz by means of rod causing injury on the head.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. He

Patna High Court CR. MISC. No.32441 of 2025(2) dt.20-05-2025 2/2 further submits that petitioner and informant are agnate and there is case and counter case between the parties. He further submits that petitioner bears criminal antecedent of two cases in which he is on bail.

5. Learned counsel for the informant and learned A.P.P. for the State vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that there is specific allegation against the petitioner who is said to have assaulted the informant by means of sword causing injury on his finger and head. They further submitted that petitioner assaulted Md. Faizi @ Shahbaz by means of rod causing injury on the head and the injury mentioned in the impugned order fully corroborates the allegation made in the FIR.

6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner as well as material available on record, I am not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Alok Kumar Pandey, J) shahzad/- U T