Patna High CourtCR. MISC./52647/2016dismissed

Md. Iqbal Alam v. The State Of Bihar

2016-12-22Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52647 of 2016 Arising Out of PS.Case No. -329 Year- 2016 Thana -AGAMKUAN District- PATNA ====================================================== Md. Iqbal Alam, son of Md. Zaffarullah, resident of Mohalla- Danka Kucha Gali, P.S.- Khajekalan, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Thakur Smt. Babita Kumari For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

22-12-2016 Heard Sri Ajay Thakur, learned counsel assisted by Smt. Babita Kumari, learned counsel for the petitioner and Sri Umanath Mishra, learned Addl. Public Prosecutor. The sole petitioner has approached this Court, with a prayer to grant bail in the event of arrest or surrender in Agamkuan P.S. Case No. 329 of 2016 registered for offence under Sections 341, 326, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959 and subsequently Section 302 of the Indian Penal Code was added.

It was submitted by learned counsel for the petitioner that F.I.R. was lodged against unknown, wherein, only fact was disclosed that three accused persons on a motorcycle had arrived and committed offence. He submits that during investigation, no

Patna High Court Cr.Misc. No.52647 of 2016 (3) dt.22-12-2016 2/2 sufficient material has been collected to connect the petitioner, only on suspicion, the petitioner has been made accused. However, learned Addl. Public Prosecutor, by way of referring to statement made in paragraph - 3 of the petition, submits that besides the present case, the petitioner is accused in other two cases also relating to serious offences. Considering the fact that it was a case lodged against unknown for an offence under Section 302 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act as well as the fact that some material has come to indicate the involvement of the petitioner and also the ground that petitioner is having criminal antecedent, there is no question for extending the privilege of anticipatory bail.

Dismissed.

(Rakesh Kumar, J.) Anay U T