Md. Isha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84432 of 2019 Arising Out of PS. Case No.-401 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Md. Isha, Son of Md. Habib, Resident of Village - Rahamatpur, P.S. - Samastipur (Muffasil), District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Samastipur (Muffasil) P.S. Case No.401 of 2018 registered for the offences punishable under Sections 147, 149, 307, 323, 341, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there is no specific allegation of assault against this petitioner.

Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.84432 of 2019(2) dt.19-12-2019 2/2 wherein the allegation against the petitioner is that he had attacked the informant with sword and assaulted him on his head causing injury, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. This application is dismissed.

In case, the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. (Rajeev Ranjan Prasad, J) arvind/- U T