Jasim Bhatt @ Md.Jasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43438 of 2021 Arising Out of PS. Case No.-1235 Year-2019 Thana- NAWADA District- Nawada ====================================================== JASIM BHATT @ MD.JASIM S/O LATE KAMLU BHATT, R/O VILLAGE-BARI DARGHA, BHATT TOLI, NAWADA, P.S-NAWADA TOWN, DISTRICT-NAWADA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar Hansraj For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-04-2022 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State through video conferencing.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

The petitioner apprehends his arrest in connection with Nawada (Nagar/Town) P.S. Case No. 1235/2019 registered for offence punishable under sections 147, 148, 149, 452, 341, 323, 324, 307, 380 of the Indian Penal Code, section 27 of the Arms Act and sections 3/4 of the Explosive Substances Act. As per allegation, the accused persons badly assaulted the members of informant side. The allegation against the present petitioner is that he fired shot on Md. Azimuddin and he

Patna High Court CR. MISC. No.43438 of 2021(2) dt.08-04-2022 2/2 sustained fire arm injury in his right thigh. The learned counsel for the petitioner has submitted that there is case and counter case and the members of petitioner side have also sustained injuries.

The injury report shows that injured Ajimuddin sustained fire arm injury, which is grievous in nature. This injury is attributed to the present petitioner. The present petitioner has also criminal antecedents of three cases, to which the learned counsel for the petitioner has submitted that it is for the same occurrence between the same party.

Considering the fact that the present petitioner is a direct assailant and injured Azimuddin has sustained grievous fire arm injury, I am not inclined to grant anticipatory bail to the petitioner and accordingly his prayer for anticipatory bail is rejected.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T