← Library
Patna High CourtCR. MISC./46267/2018dismissed

Masoom @ Md. Hasan Raj @ Md. Hasan Raj Ansari And ANR v. The State Of Bihar

2018-08-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46267 of 2018 Arising Out of PS.Case No. -279 Year- 2018 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Masoom @ Md. Hasan Raj @ Md. Hasan Raj Ansari, Son of Nunua @ Md. Israil, Resident of Line Bazar, Panchu Mohalla, P.S.- K. Hat (Sahayak), District- Purnea.

2. Qaiser @ Md. Qaiser, Son of Md. Munna Darzi, Resident of Hazratganj Line Bazar, P.S.- K. Hat (Sahayak), District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in K. Hat (Sahayak) P.S. Case No. 279/2018, instituted for the offences punishable under Sections 341, 323, 379, 504 and 506/34 of the Indian Penal Code.

In the written report, it is alleged that petitioners and other accused persons intercepted the mother and father of the informant when they were coming to house. The accused persons abused and assaulted them. When the informant went to save his father, the petitioners assaulted the informant on nose, head, abdomen and chest repeatedly with iron rod causing him injury.

Patna High Court Cr.Misc. No.46267 of 2018 (3) dt.21-08-2018 2/2 Injury report of the informant has been annexed as Annexure-2 to the bail petition which shows that he has sustained fracture of bony nasal septum and fracture of nasal bone of left side. The injuries are opined to be grievous in nature caused by hard and blunt substance.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners is rejected. The petitioners are directed to surrender before the Court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, which shall be considered on its own merit without being prejudiced by this order. The court below shall dispose of the bail petition of petitioners preferably on the same day.

(Sanjay Priya, J.) Rakhi U T