Patna High CourtCR. MISC./44043/2022dismissed

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

2022-11-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44043 of 2022 Arising Out of PS. Case No.-40 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== Md. Imtiyaz Alam @ Imtiyaz Son Of Md. Sattar Resident Of Village - Makhanaha Ward No. 14, P.S.- Banmankhi, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Pandey For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 448, 341, 323, 324, 325, 380, 506/34 of the Indian Penal Code. Petitioner along with other accused persons are said to have came at the house of the informant with deadly arms, lathi, danda and started assaulting him.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus

Patna High Court CR. MISC. No.44043 of 2022(2) dt.29-11-2022 2/2 allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner to assault Md. Mofak. He further submits that the injury found upon him is grievous in nature.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Banmankhi P.S. Case No. 40 of 2020.

(Anjani Kumar Sharan, J) devendra/- U T