Md. Masleuddin @ Md. Musele Uddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72928 of 2023 Arising Out of PS. Case No.-413 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== 1.

Md. Masleuddin @ Md. Musele Uddin S/O Md. Eliyas @ Md. Elyas R/O Village- Adalpur, P.S- Sursand, Distt.- Sitamarhi. 2.

Md. Savir @ Md. Sabir S/O Late Shekh Muslim @ Muslim R/O VillageAdalpur, P.S- Sursand, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhubala Verma, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari , APP For iNfOrmANt :

Mr. N K Agrawal , Sr. Advocate Mr. Kumar Rajdeep, Advocate Mr. Arvind Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehends arrest in a case registered for the offence punishable under sections 147, 148 , 149, 323, 324, 354, 35(B), 307, 504, 506, 120-B/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner No. 1 and petitioner No. 2 along with other co-accused persons are alleged to have assaulted the injured due to which the injured sustained grievous injury .

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.72928 of 2023(3) dt.29-02-2024 2/2 petitioners are innocent and have falsely been implicated in this case. They have not committed any offence as alleged. The present case has been lodged by the informant only to save their skin from the case lodged by one co-accused person namely Md. Ujale in Sursand P . S. Case No. 412 of 2023 . Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for bail that there is direct specific allegation against the petitioners of assaulting the injured persons and doctor has found the injury grievous in nature .

6. Considering the nature of injury and gravity of offence , prayer for pre-arrest bail of the petitioners is rejected. (Prabhat Kumar Singh, J) Koushik/- U T