Sabbir Ahmad @ Lal Babu @ Shabbeer Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15254 of 2023 Arising Out of PS. Case No.-177 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== SABBIR AHMAD @ LAL BABU @ SHABBEER AHMAD SON OF LATE JAMALUDDIN R/V- MOHIUDDIN NAGAR, TERHI BAZAR, P.S.- MOHIUDDIN NAGAR, DISTRICT- SAMASTIPUR ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 201 , 34 of the Indian Penal Code , 1860 .

3. It is alleged that the informant after getting information that in village Taidhi Bazar at Mohiuddinnagar one unknown lady had been murdered and the accused persons were trying to carry her dead body on motorcycle and on this information police reached there and seeing the police party the

Patna High Court CR. MISC. No.15254 of 2023(5) dt.24-08-2023 2/3 accused persons tried to escape but on chase three accused persons were apprehended on spot and this petitioner escaped from there.

4. It is submitted that the petitioner has been made accused in this case only on the confessional statement of other co-accused persons who were apprehended on the spot. There is no other material to show the complicity of the case . As a matter of fact, the wife of the petitioner was was candidate of Mukhiya in last Panchayat election and witneses are having inimical relations with her, as such, other co-accused persons falsely named this petitioner as one of the assailant of the deceased. The deceased was killed before 86 hours of Post Mortem. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that during course of investigation in Para 12, 13, 14 of the Case Diary , eye witnesses have categorically stated this petitioner alongwith other co-accused persons committed murder of one unknown lady by cutting her neck from knife and they were also trying to load her on motorcycle .

6. Considering the statement of witnesses in para 12, 13 and 14 of the Case Diary and gravity of allegation, prayer

Patna High Court CR. MISC. No.15254 of 2023(5) dt.24-08-2023 3/3 for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T