Shamim @ Md Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4499 of 2022 Arising Out of PS. Case No.-658 Year-2021 Thana- ARARIA District- Araria ====================================================== SHAMIM @ MD SHAMIM S/O LATE ABDUL MANNAN RESIDENT OF VILLAGE- MADHOPARA, WARD NO. 04, P.S.- ARARIA (BAIRGACHHI), DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in registered for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other persons committed murder of the son of the informant. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is no eye witness of the occurrence and only on suspicion he has been held accused as he happens to be step-son of informant. It is stated in paragraph 3 of the bail petition that the petitioner has got clean antecedent.

Patna High Court CR. MISC. No.4499 of 2022(3) dt.06-09-2022 2/2 Learned counsel for the State opposes the prayer for bail submitting that there is specific allegation in the FIR that the petitioner and other accused persons killed son of the informant. Moreover, parties were inimical to each other and earlier also petitioner had threatened the deceased. Considering the specific allegation against the petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) shashi/- U T