Md. Asgar @ Ali Asgar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28152 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- ARARIA District- Araria ====================================================== MD. ASGAR @ ALI ASGAR SON OF JIAUR RAHMAN R/O VILLAGEKAKORWA WARD NO.29, P.S.- ARARIA, DISTRICT- ARARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 356, 379, 392, of the Indian Penal Code.
3. On the alleged date and time of the occurrence while informant was returning to his house, meanwhile this petitioner Md. Agsar along with other co-accused followed him and caught him and on point of pistol snatched Rs. 3 lakh 75,000/- and thereafter petitioner Md. Agsar pushed the informant down and all of them fled away.
4. It is submitted that petitioner has made accused in this case merely on the basis of suscipion. The real fact is that the petitioner has a kirana shop near the shop of the informant
Patna High Court CR. MISC. No.28152 of 2023(2) dt.14-07-2023 2/2 and due business rivalry, this petitioner has falsely been implicated in this case by the informant. No occurrence has ever taken place as alleged in the prosecution. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the prayer for bail and submits that petitioner has been named in the F.I.R and on point of pistol he looted cash from the informant. From perusal of the record, it transpires that informant and witnesses have supported the case of the prosecution.
6. Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T