Patna High CourtCR. MISC./58274/2015rejected

Md. Wajeed Ali v. The State Of Bihar

2016-01-30Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.58274 of 2015 (2) dt.30-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58274 of 2015 Arising Out of PS.Case No. -100 Year- 2015 Thana -KASBA District- PURNIA ======================================================

1. Md. Wajeed Ali Son of Abdul Mannan Resident of Village - Balu Tola (Sadveli), P.S. - Kasba, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukul Prasad For the Opposite Party/s : Mr. Indra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Kasba P.S. Case No. 100 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504/34 of the Indian Penal Code.

Allegedly, in the occurrence the petitioner gave dabiya blow on the head of Abdul Qayum, the uncle of the informant, with an intention to kill him, resulting, he died in the hospital. Submission is of false implication and that due to land dispute the occurrence has taken place, there was free fight between the parties, there is case and counter case and the doctor has found injury on the person of the deceased caused by hard and

Patna High Court Cr.Misc. No.58274 of 2015 (2) dt.30-01-2016 blunt object as such the petitioner deserves sympathetic consideration as he is suffering in custody since 01.08.2015 having no criminal antecedent.

Learned APP opposes the prayer of bail by submitting that the petitioner is the assailant and he is responsible for causing injury on the head of the deceased.

In the facts and circumstances stated above, considering that the petitioner is the assailant, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T