Naim Akhter v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63511 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- BAHADURGANJ District- Kishanganj ====================================================== NAIM AKHTER S/O Mohammad Hussain @ Md. Hussain R/O ward No- 11, Bansbari, P.S- Bahadurganj, District- Kishanganj ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307 and Section 34 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that he along with others co-accused persons assaulted the informant and injuries found upon him are grievous in nature.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner neither present at the alleged place of occurrence nor did he participate in alleged occurrence. He submits that there is there is general and

Patna High Court CR. MISC. No.63511 of 2022(2) dt.12-01-2023 2/2 omnibus allegations levelled against the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application and submitted that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

Considering the facts and circumstances of the case and the fact that injury found upon the victim is grievous in nature, I am not inclined to enlarge the petitioner on bail in connection with Bahadurganj P.S. Case No. 161/2022. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T