Md. Ibran @ Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68303 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== Md. Ibran @ Md. Imran Son Of Md. Muslim Resident Of Village - Bachharpur, P.S. - Pupari, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 302, 34 of the Indian Penal Code.

As per prosecution case, it is alleged that on 11.06.2020, all the accused persons including the petitioner surrounded the informant and started assaulting, in the meantime, when his son came to his rescue, co-accused Guljar and co-accused Dilshad inflicted knife blow over the right side of his chest and

Patna High Court CR. MISC. No.68303 of 2021(4) dt.27-09-2022 2/3 co-accused Fulbabu also gave knife blow in right thoracic region of his son due to which, he sustained serious injuries. It is alleged against the petitioner that he assaulted the deceased by means of bamboo stick. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The specific accusation of assaulting with knife to the deceased is not against the petitioner. There is general and omnibus allegation against the petitioner. In contra, learned counsel appearing on behalf of the petitioner and learned A.P.P for the State have vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that there is specific allegation against the petitioner that he assaulted the deceased with bamboo stick. It is further submitted that the prayer for grant of bail to the co-accused Guljar has been rejected by a coordinate Bench of this Court vide order dated 22.08.2022 passed in Cr. Misc. No. 26504 of 2022.

Patna High Court CR. MISC. No.68303 of 2021(4) dt.27-09-2022 3/3 In the facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

The petitioner is directed to surrender before learned Court below and pray for regular bail. The learned Court below may consider the prayer for regular bail of the petitioner, keeping in view the facts discussed above and without being prejudiced by the order of this Court.

(Sunil Kumar Panwar, J) Shageer/- U T