Md. Jubrail @ Jubrail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82515 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- JOGBANI District- Araria ====================================================== MD. JUBRAIL @ JUBRAIL S/o Late Khalil R/o vill - Fena Belahi, ward no. 11, P.s.- Jogbani, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in connection with Jogbani Bathnaha P.S. Case No.278 of 2023, registered for the offence punishable under Sections 341, 147, 149, 342, 324, 354B, 307, 379, 504, 506 of the Indian Penal Code. 3.

As per the FIR, the petitioner and other co-accused persons assaulted the informant's wife and his daughter-in-law. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is an admitted land dispute between the parties

Patna High Court CR. MISC. No.82515 of 2024(2) dt.11-12-2024 2/2 and a title suit No.493 of 2023 is also pending in the Court below. There is a delay of ten days in filing of the FIR. Petitioner has one criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is specific allegation against the petitioner to assault the daughter-in-law of the informant due to which she sustained grievous injury. 6.

Having regard to the facts and circumstances of the case, since the injury of the daughter-in-law of the informant is grievous in nature, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

Accordingly, this application is dismissed.

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