Md. Rustam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33974 of 2014 Arising Out of PS.Case No. -53 Year- 2014 Thana -MOZAHIDPUR District- BHAGALPUR ======================================================

1. Md. Rustam Son of Md. Noor Mistri, Resident of Mohalla - Sakrullahchak, P.S. - Mojahidupur, District - Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-04-2015 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Mozahidpur (Babarganj) P.S. Case No 53 of 2014 registered for the offence under Sections-307/34 of the Indian Penal Code and Section-3/4 of the Explosive Substance Act. No doubt, the petitioner is not named in the first information report but in course of investigation, some witnesses claimed to have seen the petitioner, committing the alleged crime. Therefore, in my view, it is not a fit case for grant of anticipatory bail and accordingly, prayer for anticipatory bail of

Patna High Court Cr.Misc. No.33974 of 2014 (3) dt.02-04-2015 2/2 the petitioner in connection with of Mozahidpur (Babarganj) P.S. Case No 53 of 2014 stands rejected.

However, if, the petitioner surrenders in the court below and seeks regular bail, this order shall not cause any prejudice to the learned court below at the time of consideration of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T