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Patna High CourtCR. MISC./55964/2021bail rejected

Md. Wahid @ Abdul Wahid v. The State Of Bihar

2022-07-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55964 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- PALASI District- Araria ====================================================== Md. Wahid @ Abdul Wahid S/O Md. Khalil R/O Village-Shyampur, P.SPalasi, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-07-2022 The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 326, 307, 379/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner armed with deadly weapons entered into the house of the informant and started assaulting him and his sons with lathi, farsa, sword and spear. It is specifically alleged against this petitioner that he assaulted son of the informant namely Md. Jasim with sword on his head, as a result of which, he received head injuries.

Patna High Court CR. MISC. No.55964 of 2021(3) dt.15-07-2022 2/3 It is submitted by learned counsel for the petitioner that in the background of some land dispute, the present accusation has been levelled against the petitioner. There is counter version of the occurrence also and petitioner's side also received injuries. Learned A.P.P appearing for the State has vehemently opposed the prayer for bail of the petitioner and stated that there is specific allegation against the petitioner that he assaulted the son of the informant with sword on his head, as a result of which, he received injuries on his vital part. The injury report of Md. Jasim is annexed with the case diary which suggests that he received a penetrating wound over forehead and opinion has been reserved.

Considering the fact that there is specific accusation against the petitioner to have assaulted with sword on the head of Md. Jasim and the injury report also corroborates the prosecution version, this Court is not inclined to grant privilege of bail to the petitioner.

Patna High Court CR. MISC. No.55964 of 2021(3) dt.15-07-2022 3/3 The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T