Patna High CourtCR. MISC./41212/2018dismissed

Ashfak Ali v. The State Of Bihar

2018-07-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41212 of 2018 Arising Out of PS.Case No. -125 Year- 2017 Thana -AMDABAD District- KATIHAR ======================================================

1. Ashfak Ali, S/o- Late Abdul Mannan, R/o- Molamari, P.S.- Amdabad, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. APP For the Informant : Mr. Ranjeev Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner apprehends his arrest in Amdabad P.S. Case No.125 of 2017 instituted for the offence under Section(s) 341, 323, 307, 324, 325, 504, 506/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Katihar. Prayer of the petitioner for grant of anticipatory bail was earlier rejected by this Court by order dated 24.11.2017 passed in Cr. Misc. No.51303 of 2017.

Counsel for the petitioner submits that petitioner has challenged medical report and on account of such challenge, Medical Board was constituted and the Medical Board was of the opinion that such type of injury does not come in the category of grievous in nature.

Patna High Court Cr.Misc. No.41212 of 2018 (2) dt.18-07-2018 2/2 This Court is of the view that all these points can be raised by the petitioner at the time of seeking regular bail. Since prayer of the petitioner for grant of anticipatory bail has already been rejected, this Court is not inclined to entertain this second anticipatory bail application. Prayer of the petitioner for grant of anticipatory bail is again rejected.

The petitioner is directed to surrender and make prayer for regular bail, which will be disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T