Jahirul @ Md. Zahirul @ Jahiruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36174 of 2020 Arising Out of PS. Case No.-121 Year-2018 Thana-Palasi District-Araria ====================================================== Jahirul @ Md. Jahirul @ Jahiruddin, son of Himkat Ali, resident of villageKathora Malkhana, Ward No.10, Police Station- Palasi, District- Araria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raj Kumar, Advocate For the Opposite Party :

Dr. M. K. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-05-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State via video conferencing.

The petitioner seeks pre-arrest bail in connection with Palasi P.S. Case No.121 of 2018 registered under Sections 302, 201 of the Indian Penal Code.

Considering the gravity of the offence and the serious nature of allegation made in the FIR, since the petitioner is not named in the FIR and the investigation is going on as also the police may require custodial interrogation, I am not inclined to grant pre-arrest.

Accordingly, the application for grant of pre-arrest

2/3 bail by the petitioner is rejected.

In case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me electronically by the Joint Registrar-cum-Addl. PPS.

(ii) The corrected copy of the order shall be transmitted by me to the Joint Registrar-cum-Addl. PPS electronically, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding.

(iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let steps be taken by the Joint Registrar-cum-Addl. PPS/registry for up-loading of the present order

3/3 without compromising with the norms of social distancing.

kanchan/- (Ashwani Kumar Singh, J) U T