Allauddin Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49611 of 2016 Arising Out of PS.Case No. -114 Year- 2014 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Allauddin Mian Late Sukat Mian Village- Noneya Dhab Tola, Police Station- Paharpur, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is apprehending his arrest in a case registered for offences punishable under Sections 341, 323, 324, 326, 307, 504, 379 and 506/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that only general and omnibus allegation has been levelled against the petitioner he has nothing to do with the alleged offence. The petitioner's name transpired in this case only because he is a driver of one of the co-accused persons. The petitioner further submitted that there is no independent eye-witness of the said occurrence except the informant.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.49611 of 2016 (2) dt.19-12-2016 2/2 Having heard both sides and in view of the fact that there is direct allegation of indiscriminate firing against the accused persons including petitioner, I am not inclined to grant the petitioner, the privilege of anticipatory bail. However, if the petitioner surrenders before the Court below within a period of four weeks from today, his prayer for regular bail will be considered by the learned Court below without being prejudiced by this order.

(Vinod Kumar Sinha, J) sunil/- U T