Md. Mukhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6044 of 2022 Arising Out of PS. Case No.-167 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== MD. MUKHTAR S/O LATE MOHAMMAD MIYA @ MD. MIAN R/o village- Karauti, Nahar Tola Ward No. 14, P.S.- Udakishunganj, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 120(B), 363 and 302 of the Indian Penal Code. It is a case of murder of the informant's son, namely, Md. Jetun @ Guddu aged about 17 years.

Learned counsel for the petitioner submits that he has falsely been implicated in this case as he has committed no offence.

In contra, learned APP for the State has vehementally opposed the prayer for bail of the petitioner and submitted that para-49 and 50 of the case diary clearly shows the complicity of

Patna High Court CR. MISC. No.6044 of 2022(3) dt.01-09-2022 2/2 the petitioner and from perusal of the postmortem report, it appears that the deceased had sustained multiple injures and bleeding from nose and cause of death is an asphyxia due to throttling.

After considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

However, the petitioner is directed to surrender before the court below and pray for regular bail.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T