Sahnawaz @ Sonu @ Md. Sahnawaz @ Sainu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28769 of 2023 Arising Out of PS. Case No.-301 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== SAHNAWAZ @ SONU @ MD. SAHNAWAZ @ SAINU S/O LATE BAGDAD MIAN R/O Mohalla- Chauraha Gali (Chauraha Masjid Gali), P.SPhulwari Sharif, Distt.- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar For the Opposite Party/s :
Mr.Bharat Bhushan, App,156 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 401/414 of the Indian Penal Code and Section 20/22 of the NDPS Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and the informant alleges that Md. Mahtab and Md. Sabir @ Shakil were apprehended, further from Md. Mahtab, 200 gram of Ganza was recovered while other accused person fled away from the place of occurrence. It is next alleged that Md. Mahtab and Md. Sabir disclosed the name of the petitioner.
Patna High Court CR. MISC. No.28769 of 2023(2) dt.25-07-2023 2/3
4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is next submitted that he was not even present at the place and he came to be implicated at the instance of the police because of his antecedent. Though petitioner has no antecedent under the N.D.P.S. Act. It is next submitted that confessional statement in police custody does not have any evidentiary value. It is next submitted that the petitioner will not abscond rather will cooperate in the investigation and present himself as and when required by the Investigating officer for eliciting the truth and for proving his innocence. It is next submitted that one similarly situated co-accused, Raja Mallik, has been granted anticipatory bail by this Court vide order dated 21.12.2021 passed in Cr. Misc. No.68263 of 2021 by coordinate Bench of this Court.
5. Learned A.P.P. opposes the bail application and submits that petitioner have antecedent of five cases and Raja Malik who was granted anticipatory bail appears to be a person with clean antecedent as the order does not record about any antecedent. On query of the Court, the learned counsel for the petitioner submits that he does not have any instruction about the criminal antecedent of Raja Malik.
Patna High Court CR. MISC. No.28769 of 2023(2) dt.25-07-2023 3/3
6. Consideration the submissions made by learned A.P.P. and the fact that the petitioner has antecedent of five cases, the Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Therefore, the prayer of anticipatory bail to the petitioner is hereby rejected. (Satyavrat Verma, J) sanjeev/- U T