Abdul Quadir @ Md. Quadir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45052 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== Abdul Quadir @ Md. Quadir, Son of Md. Idrees (Wrongly Written as Abdul Barik in F.I.R), Resident of Village- Mahuawa, P.S.- Piprahi, District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Anisur Rahman, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This is an application for grant of anticipatory bail in connection with Piprahi P.S. Case No.43 of 2019, disclosing offences under Sections 147, 149, 153A, 295A, 298, 308, 323, 504 and 506 of IPC.
As per F.I.R. there is allegation that when the uncle of the informant was going on to Brahma Asthan for performing worship, the accused persons started abusing them and there is allegation against the petitioner is that he assaulted the nephew of the informant on left ear, causing injuries. Thereafter, the villagers assembled and pacify the matter.
Submission of the learned counsel for the petitioner is that no injury was found on the ear of the injured and he has falsely been implicated in this case.
Heard learned A.P.P. as well as learned counsel for the
Patna High Court CR. MISC. No.45052 of 2019(2) dt.22-07-2019 2/2 opposite party no.2, they have opposed the prayer for anticipatory bail on the ground that petitioner tried to disrupt communal harmony and as such, he does not deserve anticipatory bail.
Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, he may surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own, without being prejudiced by order of this Court.
With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T