Md. Shamim Khan @ Shameem Khan vs The State Of Bihar
2021 Latest Caselaw 1821 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32876 of 2020
     Arising Out of PS Case No.-99 Year-2020 Thana- NARPATGANJ District- Araria
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Md. Shamim Khan @ Shameem Khan, aged about 40 years, Male, Son of Late Kajir Khan, Resident of Village- Gokhlapur Ward No. 02, PS- Narpatganj, District- Araria.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Dr. Amrendra Kumar, Advocate For the State : Mr. Nitya Nand Tiwary, APP For the Informant : Mr. Md. Naushad Uzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-03-2021

Heard Dr. Amrendra Kumar, learned counsel for the

petitioner; Mr. Nitya Nand Tiwary, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Md. Naushad Uzzoha, learned counsel for the informant.

2. The petitioner apprehends arrest in connection with

Narpatganj PS Case No. 99 of 2020 dated 25.02.2020, instituted

under Sections 147, 148, 447, 342, 341, 354, 307, 380 and 504/34

of the Indian Penal Code.

Patna High Court CR. MISC. No.32876 of 2020 dt.26-03-2021

3. The allegation against the petitioner and others is of

assault by sharp cutting weapon, firearms etc. and specifically

against the petitioner of injuring Tasim on the face by arrow which

hit him between the eye and nose.

4. Learned counsel for the petitioner submitted that the

dispute was petty due to grazing of goat and the parties are

neighbours. It was submitted that the FIR itself has been lodged

after 36 hours which raises suspicion with regard to the

truthfulness of the allegation. Learned counsel submitted that the

petitioner has no criminal antecedent.

5. Learned APP submitted that the petitioner had the

intention to kill or at least seriously injure the person as he had

fired arrow which hit between the eye and nose. It was further

submitted that the informant side was chased by the accused,

including the petitioner and even when they had locked

themselves in a room, the petitioner had shot arrow hitting the

victim in a very vital place.

6. Learned counsel for the informant submitted that the

blow was serious and it was the good fortune of the victim that he

survived. He also produced before the Court photographs of the

victim to demonstrate the seriousness of the wound.

Patna High Court CR. MISC. No.32876 of 2020 dt.26-03-2021

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T