Md. Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14522 of 2019 Arising Out of PS. Case No.-439 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== Md. Rahman, S/o Md. Suleman @ Suleman, Resident of Village- Dherakh, P.S.- Bahera, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Bahera P.S. Case No. 439 of 2018 registered under Sections 328, 302 and 34 of the Indian Penal Code pending in the Court of Additional Chief Judicial Magistrate, Benipur, Darbhaga. Submission of learned counsel for the petitioner is that petitioner has falsely been implicated in this case. He is in custody since 03.12.2018. Further submission is that the petitioner has no criminal antecedent.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner with submission that in various paragraphs of the case diary, there is specific allegation of murder of the deceased against the petitioner and the

Patna High Court CR. MISC. No.14522 of 2019(3) dt.11-04-2019 2/2 witnesses have also supported the prosecution version. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) Nasimul/- U T