Patna High CourtCR. MISC./41393/2024rejected

Imtayaz Alam @ Imtayaz @ Imtiyaz Alam v. The State Of Bihar

2024-07-03Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41393 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- JAMOBAZAR District- Siwan ====================================================== 1.

Imtayaz Alam @ Imtayaz @ Imtiyaz Alam son of Late Safulla Miya 2.

Reyaz Alam @ Reyaz son of Late Safulla Miya.

Both R/o Village- Jamo Bazar Ps- Jamo Bazar Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2024 Heard Mr.Ajay Kumar Pandey, learned counsel for the petitioners and Mr.Binod Kumar, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Jamo Bazar P.S.Case No.199 of 2023, FIR dated 08.09.2023 registered for the offences punishable under Sections 341,342,447,323,307,379,506,34 of IPC.

3. Allegation against petitioner No.1 is that he assaulted to the son of the informant by means of fighter causing injury on his head and thereafter petitioner No.2 also assaulted to the son of the informant by means of fighter.

4. Learned counsel for the petitioners submits that the petitioners have clean antecedent and they have falsely been implicated in the present case. The allegation as alleged in the

Patna High Court CR. MISC. No.41393 of 2024(2) dt.03-07-2024 2/2 FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. As per FIR, allegation against petitioner No.1 is that he assaulted to the son of the informant by means of fighter causing injury on his head and thereafter petitioner No.2 also assaulted to the son of the informant by fighter and injury report of the son of the informant suggests that the injury is grievous in nature.

5. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts, there is direct and specific allegation of assault to the son of the informant and her family members against the petitioners and injury inflicted upon the injured person is grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioners in connection with Jamo Bazar P.S.Case No.199 of 2023 pending in the court of learned J.M., Siwan.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T