Md. Anvarul @ Anwarul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35221 of 2022 Arising Out of PS. Case No.-354 Year-2021 Thana- KISHANGANJ District- Kishanganj ====================================================== MD. ANVARUL @ ANWARUL S/o Md. Firoz Alam Resident of VillageBalichuka, Police Station- Kishanganj in the district of Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307 and 379 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that this petitioner assaulted her brother by knife causing injury on his shoulder.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, petitioner and informant are related, there is a land dispute between the parties and in the FIR many accused persons have been implicated, it is next submitted that though it is alleged that
Patna High Court CR. MISC. No.35221 of 2022(2) dt.29-11-2022 2/2 the petitioner assaulted the injured by knife but then the injury caused is simple in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that no doubt the injury is simple but then assault was by a knife which is a dangerous weapon.
Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail is thus refused.
However, if the petitioner surrenders before the learned trial court on or before 15.12.2022, the learned trial court shall try to dispose of the case on the same day keeping in mind the fact that the injury suffered by the injured is simple in nature and is not on the vital part of the body. (Satyavrat Verma, J) Rishi/- U T