Md. Kurshid @ Kurshid @ Kursid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40965 of 2020 Arising Out of PS. Case No.-135 Year-2020 Thana- KORHA District- Katihar ====================================================== Md. Kurshid @ Kurshid @ Kursid, Son of Md. Alam, Resident of VillageGerabari Basti, Police Station- Korha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Hussain, Advocate.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP Mr. Irshad Ahmad Khan, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Korha P.S. Case No. 135 of 2020, registered under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code. The accusation is that in the evening of 09.03.2020, Md. Khurshid (petitioner) on seeing the informant, Md. Kamruddin, started to abuse. When the informant made protest then Md. Khurshid (petitioner) laid him on the ground. At that

Patna High Court CR. MISC. No.40965 of 2020(2) dt.24-07-2021 2/2 time, Morsil, Md. Kiyamul, Md. Dhori, Md. Siko and Md. Alam came there having lathi and sword in their hands and started to cause assault. In the meantime, Md. Khurshid (petitioner) gave sword blow causing injury at his head and Md. Dhori also gave blow injury causing injury at his left wrist. Learned counsel for the petitioner submits that, in fact, occurrence of Marpit took place, in which, petitioner's side also sustained injury. Further submission is that the compromise petition has also been filed by the informant in the court of Chief Judicial Magistrate, Katihar on 06.07.2020. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to him.

Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T