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Patna High CourtCR. MISC./55510/2016rejected

Md. Irshad @ Irshad @ Bhuila v. The State Of Bihar

2017-02-10Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55510 of 2016 Arising Out of PS.Case No. -336 Year- 2015 Thana -SONEPUR District- SARAN ====================================================== Md. Irshad @ Irshad @ Bhuila Son of Sulaiman alias Monu Mian Resident of village - sultanpur, Police Station Sonepur, District- Saran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Najmul Hoda, Advocate For the Opposite Party : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sonepur P.S. Case no. 336 of 2015 registered under Sections 147, 148, 149, 341, 323, 307, 324, 504 and 379 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that he has falsely been implicated in the present case due to village politics. Allegation against the petitioner is that he assaulted with iron rod on the head of the informant but the injury is simple in nature.

Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner. He has stated that there is direct

Patna High Court Cr.Misc. No.55510 of 2016 (3) dt.10-02-2017 2/2 allegation against the petitioner of hitting with iron rod upon the head of the informant. As such, petitioner does not deserve anticipatory bail.

Having considered facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, the same is rejected. However, petitioner is directed to surrender in the court below, i.e., learned A.C.J.M.-I, Saran at Chapra, in connection with Sonepur P.S. Case no. 336 of 2015 and make prayer for regular bail which shall be considered on its own merit without being prejudiced by the order of this Court. (Arvind Srivastava, J) sudip/- U T