Md. Alisher @ Alisher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20576 of 2022 Arising Out of PS. Case No.-410 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Md. Alisher @ Alisher son of Late Ishtaque Resident of Village - Ekderwan, Police Station Gopalganj, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amir Alam For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-09-2022 Heard both parties.

The petitioner apprehends his arrest in Kuchaikote P.S. Case No. 410 of 2019, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, FIR named accused persons others committed murder of the father of informant. It is submitted on behalf of petitioner that petitioner is not named in the FIR and no incriminating article has been recovered from possession of this petitioner and only on suspicion he has been made accused in this case. As a matter of fact, petitioner is neither concerned with the Kuchaikote PS Case No. 7 of 2019 nor concerned with the FIR named accused persons. Even during course of investigation informant and his

Patna High Court CR. MISC. No.20576 of 2022(2) dt.01-09-2022 2/2 family members have not named this petitioner. Petitioner is social worker and suffering from chronic disease. However, counsel for State opposed the prayer for bail and submitted that during course of investigation number of witnesses have named this petitioner and it has come that arms which was used in the alleged occurrence were supplied by the petitioner and petitioner has got criminal antecedents of Arms Act.

Considering the facts aforesaid and criminal antecedents, I am not inclined to enlarge the petitioner abovenamed on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T