Patna High CourtCR. MISC./2861/2018rejected

Md. Ehatsham Alam @ Ehatashamul @ Md. Ehatsham v. The State Of Bihar

2018-02-15Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2861 of 2018 Arising Out of PS.Case No. -274 Year- 2017 Thana -BHAWANIPUR District- PURNIA ====================================================== Md. Ehatsham Alam @ Ehatashamul @ Md. Ehatsham, S/o Md. Ushaman, R/o Village- Chhapan, P.S.- Bhawanipur, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bhawanipur P.S. Case No. 274 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 353, 504 and 506 of the Indian Penal Code.

In the written report it is alleged that the informant who is Block Development Officer had gone to the place of occurrence where road accident had taken place and about 200250 persons had blocked the road. The informant was trying to remove them from the place of occurrence. In the meantime, petitioner assaulted the informant with some iron materials causing injury on his head.

Case diary has been received.

Patna High Court Cr.Misc. No.2861 of 2018 (3) dt.15-02-2018 2/2 Learned A.P.P. has submitted that witnesses in paragraphs-31, 32, and 33 who were present at the place of occurrence have stated that the petitioner assaulted the informant. The injury report of the informant is also available in the case diary wherein the Doctor has found swelling on the back of scalp of the informant. The police has mentioned in paragraph-42 of the case diary that petitioner has criminal antecedent. In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

(Sanjay Priya, J) S.Ali/- U T