Md. Wazir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.680 of 2017 Arising Out of PS.Case No. -405 Year- 2012 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Md. Wazir, Son of Md. Jamruddin, resident of village - Nayatola, Begampur, P.S. K. Nagar, District - Purnia.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with K. Nagar P.S. Case No. 405of 2012, registered under Sections 302/120(B)/34 of the Indian Penal Code, pending in the court of the Addl. Sessions Judge-5, Purnia.

The accusation is that four persons, named in the F.I.R. including the petitioner, surrounded the father of the informant and his brother, who were coming on bicycle, and started assaulting to them. At that time on the order of Md. Ramjan, Md. Tahir shot fire at the father of the informant, who died on the spot.

Learned counsel for the petitioner submits that after investigation, Police submitted the supplementary Police report

Patna High Court Cr.Misc. No.680 of 2017 (3) dt.04-02-2017 2/2 observing that he was not involved in the offence, but during the trial the petitioner has been summoned under Section 319 of Cr.P.C.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within six weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T