Patna High CourtCR. MISC./15410/2019bail rejected

Md. Moazzam v. The State Of Bihar

2019-03-13Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15410 of 2019 Arising Out of PS. Case No.-320 Year-2013 Thana- BAKHARI District- Begusarai ====================================================== Md. Moazzam, aged about 60 years (Male), Son of Md. Masnun Alam R/o village- Chakhamid, P.S- Bakhri, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned counsel for the State as also counsel for the Informant. In this case, the petitioner is apprehending his arrest in connection with Bakhri P.S. Case No. 320 of 2013 (G.R. No. 5419 of 2013) registered for offences under sections 143/341/323/504/506/379 of the Indian Penal Code and Section 25(1)-(B)(a)/26 of the Arms Act.

In the present case, an allegation has been made the Informant was intercepted by the accused persons including petitioner and they started threatening for dire consequences, later on, one Md. Sazid taken away Rs. 80,000/- from the pocket of the Informant.

The police, after investigation, submitted the final form but, the Magistrate has differed with the same and taken

Patna High Court CR. MISC. No.15410 of 2019(2) dt.13-03-2019 2/2 cognizance on 18.10.2015 but, the present application has been filed after delay of about four years that too without disclosing any explanation for such delay.

Inasmuch as, the petitioner has criminal antecedent, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.

If the petitioner surrenders before the court below within a period of three weeks from today and prays for bail, the court below, without being prejudiced by this order, will take a decision in accordance with law.

(Shivaji Pandey, J) rishi/- U T