Patna High CourtCR. MISC./23976/2017disposed

Md. Kayamudin @ Kayamudin Mian v. The State Of Bihar

2017-07-01Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23976 of 2017 Arising Out of PS.Case No. -274 Year- 2016 Thana -GARKHA District- SARAN ======================================================

1. Md. Kayamudin @ Kayamudin Mian Son of Abdul Majid a resident of Village +P.S.- Garkha, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in Garkha P.S. Case No.274 of 2016 instituted for the offences under Sections 147, 148, 149, 323, 324, 325, 307 of the Indian Penal Code and Section 27 of the Arms Act.

There is direct allegation against the petitioner who has given Farsa blow on the neck of the victim but the victim resisted the blow on his hand which caused injury on the thumb of right hand.

Learned counsel for the petitioner submits that petitioner has wrongly been implicated in the present case as he is suffering from paralysis. He is unable to move around so

Patna High Court Cr.Misc. No.23976 of 2017 (2) dt.01-07-2017 the question of participation in the crime does not arise. At the same time the injury did not corroborate by the injury report. In paragraph 13 of the petition it has been mentioned that petitioner's movement has come to standstill due to paralysis and hence his involvement in the commission of the alleged offence is quite improbable.

The petitioner is directed to surrender before the Chief Judicial Magistrate, Saran at Chapra who will examine the physical condition of the petitioner and if it found that he is unable to participate in such nature of crime the petitioner will be granted anticipatory bail and if the finding goes against the petitioner in such circumstances the petitioner will be taken in custody.

With the aforesaid observation this application is disposed of.

Vinay/- (Shivaji Pandey, J) U T