Patna High CourtCR. MISC./40634/2015dismissed

Md. Badal @ Badruddin v. The State Of Bihar

2015-10-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40634 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -MANSAHI District- KATIHAR ======================================================

1. Md. Badal @ Badruddin son of Md. Israil resident of village Kuttupur, P.S. Manihari, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Dashrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2015 Heard both sides.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 399, 402 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

The informant and other police officials on information raided the place of information that some criminals had assembled there. Police arrested three persons, namely, Md. Islam, Suraj Sah and Suman Gupta but the petitioner and other accused persons managed to flee away from the place of occurrence. From the apprehended accused arms and ammunitions and looted money were recovered. The informant identified the petitioner Md. Badal @ Badruddin who managed to

Patna High Court Cr.Misc. No.40634 of 2015 (2) dt.05-10-2015 flee away from the place of occurrence.

It is submitted that petitioner had gone to market. Petitioner has got no criminal antecedent.

Having Considered the fact that the informant has categorically stated that he identified the petitioner while fleeing away from the place of occurrence and the companion of the petitioner were arrested from whose possessions arms and ammunitions were recovered, I am not inclined to grant anticipatory bail to the petitioner in connection with Mansahi P.S. case No. 54 of 2015 pending in the court of the learned Chief Judicial Magistrate, Katihar. This application for grant of anticipatory bail is, accordingly, rejected.

(Prabhat Kumar Jha, J) Amin/- U