Md. Ishtiyak @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.649 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- SHAHKUND District- Bhagalpur ====================================================== MD. ISHTIYAK @ CHHOTU SON OF ASFAK KHAN @ LATE AFTAB ALAM RESIDENT OF VILLAGE- JUAKHAR, POLICE STATIONSHAHKUND, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hoda, Adv.

For the State :

Mr. Ajay Kumar Jha, APP For the Informant :

Mr. Md. Murad Ashraf, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant. The petitioner apprehends his arrest in connection with Shahkund (Sajour) P.S. Case No. 59 of 2020 registered under Sections 147, 148, 149, 341, 323, 324, 325, 354, 307, 379, 506 and 120B of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to land dispute. There is general and omnibus allegation against him.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that the first information report itself shows that there is direct allegation

Patna High Court CR. MISC. No.649 of 2021(3) dt.28-10-2021 2/2 against the petitioner of assaulting the brother of the informant by means of sword. The injury also corroborates the same. Hence, petitioner does not deserve anticipatory bail. Having considered the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the petitioner is rejected. (Arvind Srivastava, J) utkarsh/- U T