Awej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80169 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== AWEJ ALAM Son of Fasiullah Ansari Resident of Village-Durg Mathihinia, Police Station-Basantpur, District-Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-12-2019 Heard both sides.

The petitioner apprehends his arrest in Bishambharpur P.S. case No. 81/2019 registered under Section 307 and some other Sections of the IPC.

The informant alleged that petitioner and others surrounded the persons who were taking out Moharram procession and indiscriminately assaulted them. The son of informant, Sonu Ansari, started fleeing away but he fell down thereafter all the accused persons assaulted him. The petitioner is alleged to have assaulted Sonu Ansari with knife on his neck but the blow hit on right hand. One sharp cut wound was found on the right hand of Sonu Ansari.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.80169 of 2019(2) dt.06-12-2019 2/2 other accused persons have already been granted anticipatory bail but prayer of petitioner for anticipatory bail was rejected only because the petitioner is alleged to have stabbed Sonu Ansari.

It appears that corresponding injury was found on the right hand of Sonu Ansari and it was the petitioner who inflicted knife blow on the neck of Sonu Ansari which hit on his right hand.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T