Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 6874 of 2020 Arising Out of PS. Case No.-110 Year-2019 Thana- ASARGANJ District- Munger ====================================================== MD ASLAM Son of Md Jalil Resident of Village - Madarpur, P.S.- Asarganj, Distt - Munger.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the S t a t e :

Mr Anant Kumar 1, APP For the I n f o r m a n t :

Mr Suman Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Asarganj Police Station (for brevity, PS) Case No 110 of 2019 dated 11.09.2019 instituted for the offence punishable under Sections 147, 148, 149, 302 of Indian Penal Code.

On the occasion of Muharram, Tazia procession was passing by. In the meantime, it is alleged that the petitioner, armed with rod, and other co-accused persons, also armed with sword etc, have assaulted the father of the informant. The informant's father died in course of treatment. Learned counsel for the petitioner submits that it is a case of false implication. The petitioner is a Havildar, on the

Patna High Court CR. MISC. No.6874 of 2020(6) dt.15-01-2021 2/3 verge of retirement. The informant has dragged the name of the petitioner in the case due to past enmity. He further submits that in the trial, witnesses have not supported the allegations. The learned APP has opposed the prayer for anticipatory bail. He has pointed out from the case diary that the petitioner has already been declared an absconder and, therefore, is not in a position to make a prayer for grant of anticipatory bail.

This Court, after considering the submissions of the rival parties and having regard to the fact that the petitioner stands a declared absconder, is not inclined to allow the prayer for anticipatory bail. The same is rejected. In this connection, judgment of the Apex Court in the case of Lavesh -Versus- State (NCT of Delhi), (2012) 8 Supreme Court Cases 730 is being considered wherein the Apex Court has reiterated the legal position that when a person, against whom a warrant has been issued, is absconding or concealing himself in order to avoid execution of warrant and has also been declared an offender under Section 82 of Criminal Procedure Code, he is normally not entitled to the privilege of anticipatory bail.

This Court, however, would observe that the aforesaid

Patna High Court CR. MISC. No.6874 of 2020(6) dt.15-01-2021 3/3 submissions advanced by the petitioner's counsel may be considered by the Court below, in the event the petitioner surrenders and makes a prayer for grant of regular bail, without in any way being affected by rejection of his prayer for anticipatory bail in the instant proceedings. Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T