Patna High CourtCR. MISC./60335/2024rejected

Sabir Khan @ Sabbu Miyan @ Sabbu Khan v. The State Of Bihar

2024-09-11Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60335 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Sabir Khan @ Sabbu Miyan @ Sabbu Khan S/O Late Kamal Khan Resident Of Village- Hajipur, P.S- Warisaliganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2024 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner and Mr. Jai Narain Thakur learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Warsaliganj P.S. Case No. 171 of 2024 FIR dated 06.05.2024 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 427, 385, 504, 506, 34, and 384 of IPC.

3. Allegation against the petitioner is that he started assaulting over the head with pistol to informant's brother and imprisoned into the room in unconscious manner.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the

Patna High Court CR. MISC. No.60335 of 2024(2) dt.11-09-2024 2/2 FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and there is case and countercase between the parties. As per FIR, allegation against the petitioner is that he assaulted to the brother of the informant and injury report of the brother of the informant suggests that he has received three injuries and out of three injuries, two injuries are grievous in nature.

5. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Warsaliganj P.S. Case No. 171 of 2024 pending in the court of learned Chief Judicial Magistrate, Nawada.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/-Harshita U T