Md. Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29602 of 2020 Arising Out of PS. Case No.-39 Year-2020 Thana- MANIHARI District- Katihar ====================================================== Md. Imam, aged about 58 years, Gender - Male, Son of Lajimuddin Nadaf, Resident of Village- Narayanpur, Police Station- Manihar, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Manihari P.S. Case No. 39 of 2020 registered for the offence punishable under Section 265/34 of the Indian Penal Code.

The prosecution case in brief is that on 06.02.2020, accused perons named in the F.I.R. along with unknown arrived at the house of informant and taken away his son Md. Murad with them and the son of informant had gone with his own motorcycle. It has been alleged that son of the informant had not return home till the institution of F.I.R.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He

Patna High Court CR. MISC. No.29602 of 2020(3) dt.19-02-2021 2/2 further submits that there is general and omnibus allegation against the petitioner. Learned counsel for the petitioner further submits that all the family members have been made accused in the present case.

Learned counsel for the State submits that the fire arm injury was found on the body of the deceased. He further submits that the petitioner and other co-accused were seen as last seen.

In the facts and circumstances of the case, I am not inclined to enlarge the above named petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail in connection with Manihari P.S. Case No.39 of 2020 pending in the court of learned C.J.M., Katihar is hereby rejected. However, the petitioner is directed to surrender before the court below and the learned court below shall pass the order on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) Nasimul/- U T