Md. Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14142 of 2018 Arising Out of PS.Case No. -230 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Md. Akhtar, Son of Mujibul, Resident of Village- Gajipur, P.S.- Desari, District- Vaishali.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Desari P.S. Case No. 230 of 2017, registered for the offences punishable under Sections 341, 323, 324, 325, 307, 302 and 34 of the Indian Penal Code.

Allegation is that petitioner along with two accused persons assaulted the informant and his father, causing death of father of the informant.

Submission of learned counsel for the petitioner is that, as a matter of fact, informant and other accused persons assaulted the petitioner and in course of assault father of the informant was injured and he succumbed to the injuries and this false and concocted case has been filed, which will appear from paragraphs

Patna High Court Cr.Misc. No.14142 of 2018 (3) dt.09-05-2018 2/2 6, 7 and 8 of the case diary.

Heard learned APP also, who has opposed the prayer for anticipatory bail stating that father of the informant received head injuries and he died due to cardiac arrest.

Having heard both sides and in the facts and circumstances, this not a fit case for grant of privilege of anticipatory bail, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by order of this Court. (Vinod Kumar Sinha, J) spal/- U