Md Riyaz @ Kallu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5624 of 2024 Arising Out of PS. Case No.-829 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Md Riyaz @ Kallu S/o Md. Niyaz R/o Mohalla - Badi Dargah, Pul Par Sakunat, P.S. - Sheikhpura, Dist. - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Opposite Party/s :
Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2024 Heard the parties.
2. The petitioner apprehends his arrest in connection with Sheikhpura P.S. Case No.829 of 2023, registered for the offence punishable under Sections 341, 323, 379, 427, 457, 307, 504, 506, 34 of the Indian Penal Code and Section 25(1-B)(a), 27 of Arms Act.
3. The allegation against the petitioner is that he along with one Gulshan Khatoon, entered into the house of the informant and fired upon him and also snatched a golden chain from the son of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation
Patna High Court CR. MISC. No.5624 of 2024(2) dt.20-02-2024 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He submits that all the allegation levelled against the petitioner is false and concocted. Petitioner has one criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as well as considering that there is specific allegation against the petitioner to fire upon the informant, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
7. This application is, accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T