Patna High CourtCR. MISC./49383/2022dismissed

Md. Asraf v. The State Of Bihar

2023-01-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49383 of 2022 Arising Out of PS. Case No.-330 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

MD. ASRAF SON OF MD. MASOOR @ BABLU R/O VILLAGEMUBARAKPUR SANKH, P.S.- MUFFASIL, DISTRICT- BEGUSARAI 2.

MD. SHAHABUDDIN SON OF MD. MASOOR @ BABLU R/O VILLAGE- MUBARAKPUR SANKH, P.S.- MUFFASIL, DISTRICTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Mani Sharma, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are apprehending their arrest in connection with Muffasil P.S. Case No.330 of 2022, registered for the offence punishable u/s 341, 307 & 34 IPC and 27 of Arms Act. Allegedly, the F.I.R. named accused persons including the petitioners stopped the informant in her way and thereafter fired upon the informant, which hit on her right thigh. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have not committed any offence. They have been falsely implicated in this case due to ulterior motive. It is submitted that earlier the informant has

Patna High Court CR. MISC. No.49383 of 2022(3) dt.16-01-2023 2/2 filed a case against the petitioners u/s 376 IPC and according to the FIR, petitioners prayed before the informant to withdraw the said case but she filed the present case against the petitioners only due to grudge. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for bail by submitting that there is direct allegation against the petitioners and as per the injury report, the victim has sustained grievous in nature.

Considering the nature of injury, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T