Alauddin Ahmad @ Alauddin Ansari @ Alwdin Ansari @ Alwdin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75121 of 2022 Arising Out of PS. Case No.-607 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Alauddin Ahmad @ Alauddin Ansari @ Alwdin Ansari @ Alwdin Son Of Ali Hussain Ansari R/V- Majhariya Shekh, Ward No. 7, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Majhauliya P.S. Case No.607 of 2022 registered for the offences punishable under Sections 341, 323, 307, 354(b), 379, 504 and 324/34 of the Indian Penal Code.

The allegation against the petitioner is to assault informant alongwith other co-accused persons causing head and bodily injuries, having intention to cause their death as dispute arises out of altercations developed amongst children of the parties.

Patna High Court CR. MISC. No.75121 of 2022(2) dt.05-05-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the occurrence is of free fight in nature, where both parties received injuries and petitioner's side also lodged a counter case registered as Majhauliya P.S. Case No.609 of 2022. It is submitted that alleged assault is single without having intervening circumstance and, as such, it cannot be said that petitioner was under intention to cause death of injured/informant. It is also submitted that narration of F.I.R. suggests informant received injury on his head after falling on the ground. While travelling over the argument it is submitted that nature of injury, which found lacerated on head of injured/informant not appears in corroboration with the nature of weapon being sharp edge cut weapon. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

Learned APP appearing on behalf of the State, while opposing the prayer for bail submitted that specific allegation is available against this petitioner causing grievous head injury. In view of the facts and circumstances as mentioned above as specific allegation to cause grievous head injury is available against this petitioner, the prayer of anticipatory bail of the petitioner is rejected herewith.

Patna High Court CR. MISC. No.75121 of 2022(2) dt.05-05-2023 3/3 However, in case the petitioner surrenders and seeks regular bail, the same shall be considered by the learned Court below on its own merit without being prejudiced in any manner by this order.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T