Patna High CourtCR. MISC./83115/2023bail rejected

Md. Gufaran Alam @ Gufo @ Md. Gufaran @ Md.Gufran Alam v. The State Of Bihar

2024-04-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83115 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== Md. Gufaran Alam @ Gufo @ Md. Gufaran @ Md.Gufran Alam SON OF S.K. KABIR @ MD. DRAHMAN RESIDENT OF VILLAGE HALDIKOL, P.S. BHABANIPUR, DISTRICT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhawanipur P.S. Case no. 28 of 2023 registered under sections 307, 341, 323, 324, 325, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons are said to have come variously armed. It is stated that while Md. Shahnawaj caught hold of the informant and threw him on the ground, the petitioner struck the informant with an iron rod on his head causing grievous injury. Thereafter Md. Shahnawaj also assaulted.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.83115 of 2023(3) dt.09-04-2024 2/2 case. Even as per the allegations in the FIR there is no repetition of blow. The petitioner happens to be a brilliant student who is in custody since 25.9.2023 and has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the direct allegations against the petitioner of having given an iron rod blow on the head of the informant leading to fracture of the skull which in the opinion of the doctor is grievous caused by hard and blunt substance and the said injury is attributable to the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after 4 months or on framing of charge whichever is later.

(Partha Sarthy, J) Bibhash U T