Nisar Alam @ Nasar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27522 of 2020 Arising Out of PS. Case No.-380 Year-2019 Thana- PALASI District- Araria ====================================================== NISAR ALAM @ NASAR Son of Md. Jawed Alam @ Mohammad Jawed Alam Resident of Village - Majgawan, P.S.- Mahalgaon, District - Araria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar,Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Palasi P.S. Case No. 380 of 2019 registered for the offences punishable under Section 392 of the Indian Penal Code.

As per prosecution story the informant with Rs.55,600/- when reached at Chandipur, three persons came on splendor motorcycle and they snatched his money and mobile phone on gun point.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to village politics. It is submitted that the name of the petitioner has transpired on the basis of confessional statement of one Ijhar who has been granted bail.

Patna High Court CR. MISC. No.27522 of 2020(3) dt.12-01-2021 2/2 Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, wherein this petitioner is said to be one of the persons riding on the motorcycle with the co-accused when the alleged occurrence took place and he has got two criminal antecedents, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner is, thus, refused.

In case the petitioner surrenders and prays for regular bail within a period of four weeks from today in the court below, his prayer for regular bail shall be considered on its own merit without being prejudiced by the present order of this Court. The application stands dismissed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.