Patna High CourtCR. MISC./55578/2021bail rejected

Abdul v. The State Of Bihar

2022-04-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55578 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- PAHARKATTA District- Kishanganj ====================================================== ABDUL S/O Late Kurhanu Resident of Village - Mahismara, Talabasti Jahangirpur, Damalbari, P.S. - Paharkatta, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 309, 379 and 34 of the Indian Penal Code. As per the prosecution case, it is stated that over a minor scuffle between the petitioner and the brother of the informant, the petitioner is said to have given a blow with an iron rod on the head of the informant's brother leading to serious injuries.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is case and counter case between the parties. Even as per the allegations in the FIR it would transpire that the occurrence was over a trivial dispute. The petitioner is in custody since

Patna High Court CR. MISC. No.55578 of 2021(2) dt.05-04-2022 2/2 10.7.2021 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR of the petitioner having given a blow with an iron rod on the head of the brother of the informant together with the contents of the injury report (Annexure2) wherein the nature of inquiry has been said to be dangerous to life due to head injury caused by hard and blunt, the Court is not inclined to enlarge the petitioner on bail and the application is rejected for the present.

Liberty is granted to the petitioner to renew his prayer for bail after six months.

(Partha Sarthy, J) Bibhash/- U