Arif Miyan @ Arif Raja @ Arif Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32350 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== ARIF MIYAN @ ARIF RAJA @ ARIF RAZA S/o Ghulam Sarver @ Md. Gholam Sarwar R/o village- Bajitpur, P.S.- Sheikhpura, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mr.R.Kishore Mr.Dr.Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2022 Heard the parties.

The petitioner apprehends his arrest in a case in connection with Sheikhpura P.S. Case No.279 of 2020, registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code and section 27 of the Arms Act. The crux of the prosecution case is that husband of the informant has been murdered and deadbody was found lying in Murjaina Khanda. There was gunshot injuries on his body. It is alleged that the petitioner along with other miscreants has killed the husband of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty village

Patna High Court CR. MISC. No.32350 of 2021(3) dt.22-02-2022 2/2 politics. No such occurrence as alleged has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature and only on suspicion, he has been made accused in the present case. Petitioner lives in another country for earning livelihood and on the alleged date of occurrence, he was not present in the country. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Under the aforesaid circumstances and considering that there is no specific allegation against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sheikhpura P.S. Case No.279 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T