Md. Rais v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48683 of 2016 Arising Out of PS.Case No. -230 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Md. Rais S/o - Azimuddin Resident of village - Rajwa Kol, P.S. - Mahalgaon, District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jokihat (Mahalgaon) P.S. Case No. 230 of 2016 for the offences punishable under sections 341, 323, 324, 325, 379, 504, 506/34 of the Indian Penal Code pending in the court of the learned Sub-divisional Judicial Magistrate, Araria. It has been submitted on behalf of the petitioner that the allegation against the petitioner is that he assaulted with knife on the head of the informant but there is no incised injury over the head rather it is a lacerated wound. As such the petitioner has been falsely implicated in the case.

Heard learned A.P.P. also who has opposed the prayer

Patna High Court Cr.Misc. No.48683 of 2016 (3) dt.19-01-2017 2/2 for anticipatory bail.

Having heard both sides and in view of the fact that there is direct allegation against the petitioner, I do not find it a fit case for grant of privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail is, accordingly, rejected. Let the petitioner surrender in the court below and pray for regular bail, who will decide the same on its own merit without being prejudiced by the order of this Court. (Vinod Kumar Sinha, J) Amin/- U