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Patna High CourtCR. MISC./76469/2018rejected

Md. Firoz Alam @ Firojuddin @ Dilip v. The State Of Bihar

2018-12-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76469 of 2018 Arising Out of PS. Case No.-532 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Md. Firoz Alam @ Firojuddin @ Dilip Son of Nasir Uddin @ Samo Khan Resident of Village-Khap, Police Station-Cherki, District-Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State, assisted by learned counsel for the informant.

Petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is named in the first information report and as per persecution case, he was also present on the place of occurrence, when co-accused Shahnawaz Khan opened fire upon the deceased. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail in

Patna High Court Cr.Misc. No.76469 of 2018(2) dt.21-12-2018 2/2 connection with Bodhgaya (Cherki) P. S. Case No. 532 of 2018 pending in the court of learned Chief Judicial Magistrate, Gaya, stands rejected.

However, it is made clear that this order shall not cause any prejudice to the competent court while considering the regular bail application of the petitioner. (Hemant Kumar Srivastava, J) N.K/- U