Patna High CourtCR. MISC./32379/2016dismissed

Afjal Imam v. The State Of Bihar

2017-01-09Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32379 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Afjal Imam Son of Faijal Imam Resident of Village - Ladhi, Malahi, Tola, Police Station - Gorea Kothi, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the informant : Mr. Ajay Kr. Pandey For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with GoreaKothi P.S. Case No. 44/2016 registered for the offences punishable under Sections 341/324/307/34 of the Indian Penal Code. Diary in this case was called for earlier, which has, since been received.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated on account of admitted animosity between the parties. The case diary, however, does not reveal any admitted animosity, but the injury report indicates that the nature of injury as alleged has been found to be quite serious in nature and the petitioner was admitted in Patna Medical College and Hospital, Patna for more than 10 days.

Considering the nature of allegations made and specific role assigned to the present petitioner, I am not inclined to grant bail to

Patna High Court Cr.Misc. No.32379 of 2016 (3) dt.09-01-2017 P2/2 this petitioner. It is accordingly rejected.

However, if the petitioner surrender and seek regular bail within a period of two weeks, the Court below may consider the regular bail application of the petitioner on its own merit without being prejudiced by the present order.

(Anjana Mishra, J) Saif/- U T