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Patna High CourtCR. MISC./40786/2016dismissed

Md. Sheru @ Umar Farooque v. The State Of Bihar

2016-12-05Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 40786 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -KATIHAR MUFFASIL District- KATIHAR ====================================================== Md. Sheru @ Umar Farooque, Son of Md. Emam, Resident of VillageNarayanpur, Police Station- Manihari, District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Mishra For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 7.

05-12-2016 Heard Sri Awadhesh Kumar Mishra, learned counsel for the petitioner and Smt. Gulnar Begam, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody only since 23-07-2016 in Muffasil P.S. Case No. 95 of 2016 registered for offence under Sections 504, 506, 307 of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of bail. Sri Awadhesh Kumar Mishra, learned counsel for the petitioner, while pressing the present petition, submits that since the petitioner is accused in number of cases, in the present case also, he has falsely been implicated. According to learned counsel for the petitioner, in this case, there is no eye-witness and F.I.R. was lodged against unknown.

Patna High Court Cr.Misc. No.40786 of 2016 (7) dt.05-12-2016 2/2 Smt. Gulnar Begam, learned Addl. Public Prosecutor, by way of referring to facts disclosed in the case diary, particularly paragraph 8 & 9 of the case diary, submits that it was witnesses by at least two persons, who were none else, but local resident. Besides this, the petitioner is accused in number of cases. This fact has been stated in paragraph - 3 of the petition. Keeping in view nature of accusation as well as antecedent of the petitioner, which suggests that he is accused in at least nine cases, besides the present case, relating to serious offences, there is no reason to extend the privilege of bail. The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T