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Patna High CourtCR. MISC./307/2018dismissed

Sharif v. The State Of Bihar

2018-03-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 307 of 2018 Arising Out of PS. Case No.-98 Year-2016 Thana- Kusheshwarsthan District- Darbhanga ====================================================== Sharif Son of Md. Hasmuddin, resident of village- Sughrain, Police StationKusheshwar Asthan, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

23-03-2018 Heard Sri Prabhat Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Kusheshwar Asthan P.S. Case No. 98 of 2016 registered for offence under Section 307 and other allied sections of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender primarily on the ground of parity. Learned counsel for the petitioner submits that two accused persons, almost in similar circumstances, have been extended the privilege of anticipatory bail by the court below itself. The persons, who have been granted anticipatory bail, are Md. Zabair and Md. Rabban. He further submits that there was case and counter case in between the parties and land dispute is admitted. He has further argued that the injury is not

Patna High Court Cr.Misc. No.307 of 2018(4) dt.23-03-2018 2/2 corroborated, as alleged in the F.I.R.

In this case, earlier case diary was called for, which has been received and kept on record.

Learned Addl. Public Prosecutor submits that in the case diary, there is injury report showing injury received by at least two persons.

Besides hearing, I have also perused the material on record. On going through the material on record, the Court is of the opinion that petitioner does not deserve privilege of anticipatory bail, since case of petitioner is not exactly similar to the persons, who have been granted anticipatory bail. The prayer for anticipatory bail stands dismissed. (Rakesh Kumar, J.) anay U T