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Patna High CourtCR. MISC./82167/2023dismissed

Md. Yusuf v. The State Of Bihar

2024-01-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82167 of 2023 Arising Out of PS. Case No.-363 Year-2023 Thana- JOKIHAT District- Araria ====================================================== 1.

MD. YUSUF S/O LATE SARIF @ MD. SARIF RESIDENT OF VILLAGEBAGADAHARA, WARD NO. 6, P.S.- JOKIHAT, DISTRICT-ARARIA 2.

MD. MOBARAK @ MD. MUBARAK @ MD. MUBARAK HUSAIN S/O LATE SARIF @ MD. SARIF RESIDENT OF VILLAGEBAGADAHARA, WARD NO. 6, P.S.- JOKIHAT, DISTRICT-ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP For the Informant :

Mr.Anamul Haque, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

Petitioners are apprehending their arrest in connection with Jokihat P.S. Case No.363 of 2023, registered for the offence punishable u/s 341, 323, 324, 307, 354(B), 379, 504, 506/34 of the IPC.

3.

Petitioner no.1 is said to have assaulted the son of the informant by means of iron rod on his head and petitioner no.2 is said to have assaulted the husband of the informant by means of sword on his head.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have not committed any

Patna High Court CR. MISC. No.82167 of 2023(2) dt.04-01-2024 2/2 offence. They have been falsely implicated in this case due to ulterior motive. It is submitted that for the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injury. Petitioners have no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that there is direct allegation against the petitioners and as per the injury report, the injury was found grievous in nature. 6.

Considering the nature of injury, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. 7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T