Md. Israfil @ Mohammad Israfil Rain @ Md. Israfil @ Israfil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77690 of 2019 Arising Out of PS. Case No.-288 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== MD. ISRAFIL @ MOHAMMAD ISRAFIL RAIN @ MD. ISRAFIL @ ISRAFIL S/O Mohammad Majid Resident of Village - Langra Chowk Jhanjharpur, P.S. - Jhanjharpur, District- Madhubani. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13 For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Phulparas P.S. Case No. 288 of 2019 for the offence registered under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
The allegation is regarding the petitioner herein along with three other miscreants having assaulted the informant with Tengari, Dabia & rod.
The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case on account of dirty village politics and the injury received by the informant is simple in nature. It is further submitted that the
Patna High Court CR. MISC. No.77690 of 2019(2) dt.28-11-2019 2/2 petitioner is having a clean antecedent.
I have heard the learned counsel for the parties and perused the materials on record and I find from a bare perusal of the FIR that there is a direct allegation against the petitioner of having assaulted the informant and as far as the injury report is concerned, the opinion regarding nature of injury no. 1 has been reserved since the patient i.e. the informant herein has been referred to Darbhanga for treatment and opinion, thus it cannot be said that the injuries are simple in nature as is apparent from a bare perusal of the injury report.
Having regard to the facts and circumstances of the case, this Court is of the opinion that the present case is not a fit case for granting the privilege of anticipatory bail to the petitioner herein, hence the petition stands dismissed. (Mohit Kumar Shah, J) S.Sb/- U T