Patna High CourtCR. MISC./41109/2017disposed

Mohammad Mazhar Raza @ Mazhar v. The State Of Bihar

2017-09-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41109 of 2017 Arising Out of PS.Case No. -154 Year- 1997 Thana -KASBA District- PURNIA ====================================================== Mohammad Mazhar Raza @ Mazhar, son of Mohammad Iliyas Ahmad, r/o Ward No.8, Kayami, Kasba, Sadhauli, P.S. Kasba, Distt. Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kasba P.S. Case No. 154 of 1997 instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner has submitted that the petitioner at the time of occurrence was aged about 7 years which would be apparent from First Information Report also. The other three accused persons have faced trial and acquitted vide Sessions Trial No. 167 of 2002. It has further been submitted that there is no allegation against the petitioner in the First Information Report.

The Sessions Judge has mentioned in the impugned order that this petitioner is absconding since 18.06.1997. In such circumstances the application is disposed off

Patna High Court Cr.Misc. No.41109 of 2017 (4) dt.11-09-2017 2/2 with a direction to the petitioner to surrender before the court below within a period of four weeks from the date of receipt of this order and make prayer for regular bail which shall be disposed off by the court below on the same day in accordance with law without being prejudiced by this order after considering the facts that other accused have been acquitted by Sessions Trial No. 167 2002 and petitioner was aged about seven years at the time of occurrence.

(Sanjay Priya, J) S.Ali/- U T