Md. Imran @ Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47060 of 2017 Arising Out of PS.Case No. -317 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Md. Imran @ Imran Son of Samiullah, R/o Mohala-Miskartoli, P.S.- Betiah (Town (Kalinag O.P.) District-West-Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Nath Jha For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2017 The petitioner seeks regular bail in connection with Bettiah Town (Kalibag O.P.) P.S. Case No. 317 of 2017, registered for offences punishable under Sections 342, 324, 307, 387, 379, 447, 504/34 of the Indian Penal Code. Allegation as per F.I.R is that the petitioner went to the shop of husband of the informant and asked him as to why he is not paying extortion on which a scuffle took place and petitioner gave repeated knife blow to the husband of the informant, causing injuries to him.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and no such occurrence has taken place rather some altercation and scuffle took place between the parties, in which petitioner has also sustained injuries

Patna High Court Cr.Misc. No.47060 of 2017 (4) dt.08-11-2017 2/2 and was referred to hospital. Further there is case and counter case between the parties and petitioner has been in custody since 28.06.2017.

Learned counsel for the State opposed the prayer for bail and submitted that petitioner gave repeated knife blow to the husband of the informant, causing grievous injuries to him. Having heard both sides, considering the fact and circumstances of the case and nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, dismissed.

However, once charge is framed and evidence of informant and injured is recorded, the petitioner may renew his prayer for bail in the trial court itself and if any such application is filed the trial court shall consider the application of the petitioner on the basis of materials available on record and shall pass an appropriate order, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U