Patna High CourtCR. MISC./11213/2020bail rejected

Abdul Quddus @ Abdul Kudash v. The State Of Bihar

2020-08-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11213 of 2020 Arising Out of PS. Case No.-150 Year-2015 Thana- MANJHAGARH District- Gopalganj ====================================================== Abdul Quddus @ Abdul Kudash Son of Noor Hassan Resident of VillagePipra, P.S.- Manjhagadh, District- Gopalganj ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashish Giri, Advocate For the Opposite Party :

Mr. Jai Narain Thakur, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-08-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in Manjhagarh P.S. Case No. 150/2015 registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code. Petitioner and other accused persons are alleged to have abducted informant's son/the deceased.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case and there is pending land dispute between the parties. He submits that the court below vide judgment dated 3.7.2017 has acquitted other similarly situated co-accused persons which judgment has also been affirmed by the Division Bench of this Court vide judgment dated 23.1.2018 & 31.7.2018 (annexure 3). Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No.11213 of 2020(3) dt.26-08-2020 2/2 bail. He submits that there is allegation that petitioner and other accused persons had abducted the victim. Petitioner has also got criminal antecedent.

In view of the nature of allegation as well as the fact that the petitioner has got criminal antecedent, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T