Shahjad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57851 of 2018 Arising Out of PS.Case No. -109 Year- 2018 Thana -HATHUA District- GOPALGANJ ======================================================

1. Shahjad Khan, Son of Chand Khan, Resident of Village- Yado Pipera, P.S.- Hathua, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307, 379, 504, 34 of the Indian Penal Code.

The prosecution case, in brief, is that when the informant was sitting at his door, the accused persons came to him and claimed the land in question. In the backdrop of the said land dispute, having armed with Lathi, Danda and iron rod, came there and assaulted him, as a result of which, he sustained injury. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.57851 of 2018 (3) dt.20-11-2018 petitioner has been falsely implicated in the present case. Both parties are agnates. Due to previous enmity, the petitioner has been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The specific allegation of making assault upon the victim has been alleged against the petitioner. The nature of injury is said to be grievous. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Hathua P.S. Case No. 109 of 2018 is rejected. If the petitioner surrenders in the court below and seek regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) A.K.V./- U T