Naushad Miya @ Md. Naushad, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67506 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- SONO District- Jamui ====================================================== Naushad Miya @ Md. Naushad, S/o Sudir Miya @ Samsuddin Miya, Resident of Village - Gandar, P.S. Sono, Dist. Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks anticipatory bail in connection with Sono P.S. Case No. 147 of 2023, registered for the offence punishable under Sections 341/323/324/379/308/504/34 of the Indian Penal Code.

3. As per F.I.R., allegation against the petitioner and other co-accused is of assaulting the informant and informant sustained injuries.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that there is delay of three days in lodging the F.I.R. which cause serious doubt. Petitioner has no criminal antecedent mentioned in Para 3 of the bail application. He further submits that in normal circumstances it cannot be

Patna High Court CR. MISC. No.67506 of 2023(3) dt.23-01-2024 2/2 believed that a single person was being assaulted by 15 coaccused persons and informant was noticing separate act of each of them.

5. Learned APP for the State as well as learned counsel for the informant has opposes the prayer for bail and submits that from bare perusal of the F.I.R. specific allegation is against the petitioner who assaulted the informant by means of tangi on head due to which he sustained grievous injury.

6. Considering the aforesaid submission of the parties and also the injury was found to be grievous in nature, I am not inclined to grant anticipatory bail to the petitioner.

7. Hence, his prayer for anticipatory bail stands rejected.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

(Anjani Kumar Sharan, J) Ranjeet/- U T