Md. Gulzar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 76147 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- ABADPUR District- Katihar ====================================================== 1.
MD. GULZAR Son of Late Jainuddin Resident of Village - Burakamat, P.S.- Abadpur, District - Katihar.
2.
Subhan Ali @ Suban Son of Late Jainuddin Resident of Village - Burakamat, P.S.- Abadpur, District - Katihar. 3.
Md. Sadique @ Md. Sadek Son of Late Jainuddin Resident of Village - Burakamat, P.S.- Abadpur, District - Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Rahmatullah For the Opposite Party/s :
Mr.Arun Kumar Pandey For the informant :
Mr. Rajendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Abadpur PS case no. 131 of 2019 registered for the offences punishable under Sections 323, 341, 307, 379, 504, 506/34 of Indian Penal Code.
The allegation is regarding the petitioners herein having assaulted the informant, his brother and his mother by means of bamboo, iron rod and hasua resulting in infliction of various injuries on them.
The learned counsel for the petitioners has submitted that on account of quarrel in between the accused persons and the
Patna High Court CR. MISC. No. 76147 of 2019(2) dt.03-12-2019 2/2 informant of this case due to land dispute and dispute regarding use of gali/ passage, the petitioners herein have been falsely implicated in the present case. It is further submitted that the petitioners are having a clean antecedent.
I have heard the learned counsel for the parties and I find that there is specific and direct allegation of the petitioners herein having assaulted the informant causing injuries on the person of the informant, thus I am of the view that atleast, this is not a fit case for grant of anticipatory bail and if so advised, the petitioners may surrender and obtain regular bail. Accordingly, the present bail petition stands dismissed.
(Mohit Kumar Shah, J) rinkee/- U T