Md. Dabir @ Md. Dabiruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88701 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- JALALGARH District- Purnia ====================================================== Md. Dabir @ Md. Dabiruddin S/o- Late Abdul Hamid Resident of villageJahangirpur, PS- JalalGarh, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-01-2025 Heard Mr. Rakesh Kumar Jha, learned counsel for the petitioner and Mr. Raj Kishor Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Jalalgarh P.S. Case No. 121 of 2024, F.I.R. dated 21.08.2024 for the offences punishable under Sections 126(2), 115(2), 74, 329(4), 109, 303(2), 352, 351(2) and 3(5) of Bhartiya Nyaya Sanhita.

3. According to prosecution case, all the accused persons including this petitioner have brutally assaulted the informant and her husband. It is further alleged that this petitioner caught the hair of the informant and assaulted her by means of Dabiya causing her grievous injury.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.88701 of 2024(2) dt.08-01-2025 2/2 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that there is case and counter case between the parties.

5. Learned Additional Public Prosecutor on the basis of material available on record has vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the F.I.R it appears that there is direct and specific allegation against the petitioner and the injury report of the injured person suggest that the injury is grievous in nature.

6. Considering the aforesaid facts and circumstances and the injury report of the injured person where the injury is found to be grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Jalalgarh P.S. Case No. 121 of 2024 pending in the court of Judicial Magistrate 1st Class, Purnea.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T