Md. Hamid Raza @ Md. Hamid Reza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63236 of 2023 Arising Out of PS. Case No.-251 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Md. Hamid Raza @ Md. Hamid Reza Son Of Md.Majid Resident Of VillageRatanpura, P.S- Bochaha, Distt- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nirmal Kumar Shrivastava,Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-12-2023 Heard Mr.Nirmal Kumar Shrivastava, learned counsel for the petitioner and Mr.Satya Nand Shukla, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Bochahan P.S.Case No.251 of 2022, FIR dated 10.06.2022 registered for the offences punishable under Sections 341,342,323,324,307,379,504 and 506/34 of IPC.
3. Allegation against the petitioner is that he assaulted to the informant by means of iron rod causing injury on his head.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. There is case and counter case and as per allegation in the FIR the petitioner has assaulted to
Patna High Court CR. MISC. No.63236 of 2023(3) dt.20-12-2023 2/2 the informant by means of iron rod causing injury on his head and there was no intention to kill the informant.
5. Learned A.P.P. for the State, on other other hand, on the basis of the material available on the record and the case diary, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that there is direct allegation against the petitioner that he assaulted to the informant by means of iron rod on his head and the informant has sustained injury and as per medical report, although the informant has received two injuries, one injury is simple in nature and second injury is grievous in nature.
6. Considering the aforesaid fact and nature of injury, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Bochahan P.S.Case No.251 of 2022 pending in the court of learned Judicial Magistrate 1st Class, Muzaffarpur East.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Nitesh/- U T