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Patna High CourtCR. MISC./19954/2025rejected

Md. Muntajir Alam @ Muntajir Alam v. The State Of Bihar

2025-07-03Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19954 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- BAHADURGANJ District- Kishanganj ====================================================== Md. Muntajir Alam @ Muntajir Alam S/o Late Md. Jamaluddin R/o VillageBirpur, P.S.- Bahadurganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2025 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. Syed Mojibur Rahman, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Bahadurganj P.S. Case No. 12 of 2025, F.I.R. dated 06.01.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 351(2), 74 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and later on Section 103(1) of the Bhartiya Nyaya Sanhita was added.

3. According to prosecution case, this petitioner along with one other accused person have brutally assaulted the informant which resulted into his death.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.19954 of 2025(3) dt.03-07-2025 2/2 petitioner has not committed any offences as alleged in the F.I.R.

5. The learned Additional Public Prosecutor on the basis of material available on record and case diary has vehemently opposed the prayer for bail of the petitioner and submits that it appears from the F.I.R that there is direct and specific allegation against the petitioner that firstly he has assaulted the informant and later on co-accused person also joins him and both brutally assaulted the informant and subsequently he died. Apart from that the postmortem report of the deceased also supports the allegation as alleged in the F.I.R. against the petitioner.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Bahadurganj P.S. Case No. 12 of 2025 pending in the court of Chief Judicial Magistrate, Kishanganj.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T