Md. Tarique @ Md. Tarik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60797 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- BAUSI District- Araria ====================================================== Md. Tarique @ Md. Tarik Son of Md. Ekhlaque, resident of Village- Mohni, Ward No. 10, Police Station- Bousi, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :

Mr. Sri Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Bousi P.S. Case No.56 of 2018, registered for the offences punishable under Sections 341/323/325/307/379/ 354B /504 / 506/34 of the Indian Penal Code.

There is case and counter case. In the occurrence of assault, petitioner allegedly assaulted with sword causing injury at the head of Md. Toufik Alam. The doctor has found lacerated wound on the head of Md. Toufik Alam.

Submission is that there is no allegation of repetition of blow and the injury found is simple in nature. Petitioner side has also sustained injury. Earlier case was lodged by the petitioner side.

Patna High Court Cr.Misc. No.60797 of 2018(3) dt.05-11-2018 2/2 Considering the fact that the petitioner had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court. (Birendra Kumar, J) Mkr./- U T