Molvi Afzal @ Md. Afzal @ Md. Afzal Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50455 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- DAGARUA District- Purnia ====================================================== MOLVI AFZAL @ MD. AFZAL @ MD. AFZAL HUSSAIN Son of Late Siddique Resident of Village - Mahalbari Malo Bita, P.S.- Dagarua, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324, 325, 307,379 , 504, 506/34 IPC registered in connection with Dagarua P.S. Case No. 64 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation of assault on the right hand of the informant with iron rod causing fracture injury. There is land dispute and case and counter case between the parties. It is submitted that the injury is on non-vital part of the body and there was no intention of causing death, as such the provisions of Section 307 of the Indian Penal Code are not attracted. The petitioner claims clean antecedents.

Patna High Court CR. MISC. No.50455 of 2019(2) dt.14-08-2019 2/2

4. Learned APP submits that the petitioner is said to have assaulted by dangerous means causing grievous injury by way of fracture on right ulna of the informant as evident from the injury report.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Chandran/- U T