Anish Ahmad @ Anish Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38773 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- THAWE District- Gopalganj ====================================================== ANISH AHMAD @ ANISH ALI S/o Sameem Akhtar R/o village- Amaithi Khurd, P.S.- Thawe, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Sager Sharma, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that petitioner assaulted her son by knife causing injury on stomach when they were constructing their boundary wall.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that from perusal of the injury report, it would
Patna High Court CR. MISC. No.38773 of 2022(2) dt.06-12-2022 2/2 manifest that the same records incised wound of size 1"x1⁄2"x skin deep on right upper abdomen and incised wound of size 1⁄2"x1⁄2" x skin deep on right upper abdomen referred to the higher centre. It is next submitted that the nature of injury clearly suggests that the injury was not grievous. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the injury report, it would manifest that after recording the injury the Doctor has referred the injured to the higher centre and the opinion is reserved which amply demonstrates that the injury was not simple and the assault was on the vital part of the body by a sharp edged weapon.
Hence, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Thawe P.S. Case No. 36 of 2022 pending in the Court of learned Chief Judicial Magistrate, Gopalganj/successor Court. Accordingly, prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T