Md. Akram Ali @ Akram Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75934 of 2024 Arising Out of PS. Case No.-299 Year-2019 Thana- BIHPUR District- Bhagalpur ====================================================== Md. Akram Ali @ Akram Ali S/o- Md. Yusuf Ali Village- Madhurapur PSBihpur, Bhawanipur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Pandey, Adv.

For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-11-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bihpur (Bhawanipur) P.S. Case No. 299 of 2019 dated 19.08.2019, lodged under Sections 341, 323, 307, 354, 504, 34 of the Indian Penal Code pending before the Court of 1st Additional Chief Judicial Magistrate, Naugachia, Bhagalpur.

3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner. The specific allegation against the present petitioner is that he has assaulted the informant by steel bucket on his head due to which he was badly injured.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.75934 of 2024(2) dt.12-11-2024 2/2 also submits that both the informant and petitioner are neighbours and on petty issue, scuffling took place. Counsel further submits that injuries are simple in nature and the criminal antecedent of the petitioner is clean.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is direct allegation of assault against the present petitioner.

6. In the present facts and circumstances, this Court is of the view that it is a fit case for regular bail and therefore, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 4 weeks from today. In case, the petitioner surrenders within four weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J) Divyansh/- U T