Md. Ishra Fil @ Ishrafil @ Mei Sarafil @ Md. Ishrafil Nat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87112 of 2019 Arising Out of PS. Case No.-107 Year-2018 Thana- LAUKAHA District- Madhubani ====================================================== MD. ISHRA FIL @ ISHRAFIL @ MEI SARAFIL @ MD. ISHRAFIL NAT Son of Late Phul Mohammad Nat Resident of Village- Chaturbhuj Piparahi, P.S.- Laukaha, District- Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2020 This is an application for grant of anticipatory bail in connection with Laukaha P. S. Case No. 107 of 2018, disclosing offences under Sections 341, 323, 324, 307, 354, 379, 34, 504 of IPC.
As per F.I.R. petitioner and other accused persons came while the informant was constructing his house and there is allegation that they have assaulted the informant. Specific allegation is against the petitioner that he assaulted by Dabia to the informant, causing injury to him.
Submission of the learned counsel for the petitioner is that there is a case and counter case between the parties. Two persons have received the injuries from the side of the petitioner and except one injury which was alleged to the petitioner, the
Patna High Court CR. MISC. No.87112 of 2019(2) dt.23-01-2020 2/2 opinion about the same is kept reserved.
Heard learned A.P.P. also who has opposed the prayer for anticipatory bail on the ground that the injury is on the head and opinion about the same is kept reserved.
Having heard both sides, in view of the allegations, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered on the basis of the materials and also nature of the injury.
With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T