Patna High CourtCR. MISC./13319/2015rejected

Md. Babul And ANR. v. The State Of Bihar

2015-09-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13319 of 2015 Arising Out of PS.Case No. -277 Year- 2014 Thana -JOKIHAT District- ARRARIA ======================================================

1. Md. Babul, Son of Sajjad @ Gaida

2. Md. Jabul, Son of Sajjad @ Gaida Both resident of village- Siswa, Police Station - Jokihat, Police StationJokihat, District -Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 02-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Jokihat P.S. Case No. 277 of 2014 registered under Section 302 and 201 of the Indian Penal Code.

It is contended that the petitioner is not named in the FIR. The case is based on circumstantial evidence. The deceased is brother-in-law of the petitioners and there is no cogent material to connect the petitioners with the alleged offence. On the other hand, learned counsel for the State has opposed the prayer for pre-arrest bail of the petitioners. He has

Patna High Court Cr.Misc. No.13319 of 2015 (3) dt.02-09-2015 2 / 2 submitted that in course of investigation it has transpired that the petitioners had played an active role in commission of murder of his brother-in-law. He has further contended that some other coaccused who were arrested by the police in course of investigation have also confessed about the active role of the petitioners in the alleged occurrence.

Regard being had to the serious nature of crime and the materials collected during investigation, I am not inclined to grant pre-arrest bail to the petitioners. Accordingly, their prayer for bail is rejected.

(Ashwani Kumar Singh, J.) Sanjeet/- U T