Mustafa Mian @ Mustafa Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39018 of 2023 Arising Out of PS. Case No.-6 Year-2020 Thana- RAXAUL RAIL P.S. District- West Champaran ====================================================== Mustafa Mian @ Mustafa Ansari S/O Sarfullah Ansari @ Sarfudin @ Chhediya @ Joki R/O Village- Budhwaha, P.S- Chhauradano, Distt.- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Raxaul Rail P.S. Case No. 06 of 2020 registered for the offences punishable under Sections 147, 148, 149, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act. He has got no criminal antecedent.

3. As per the prosecution story, on 09.05.2020 when the informant and his younger brother were watching T.V., they heard the sound of firing and thereafter, the informant reached at Railway Dhala with torch light and saw 5-6 persons were firing and running towards west side.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has no criminal antecedent.

5. Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.39018 of 2023(3) dt.06-09-2023 2/2 anticipatory bail of the petitioner.

6. Having regard to the materials placed before this Court showing that this petitioner is named among the five named accused persons who were identified by the informant in the torch light while fleeing away from the place of occurrence and the informant has given reasons of enmity and disclosed that his deceased brother was a journalist and had earlier helped the administration in the case in which one of the accused of this case Ful Mohammad Mia @ Fultam Mian who is brother of this petitioner was involved, in the nature of the materials available on record, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

7. The prayer for anticipatory bail of the petitioner is, thus, refused.

8. In case the petitioner surrenders and prays for regular bail within four weeks from today in the court below, his prayer for regular bail shall be considered on its own merit without being prejudice by the order of this Court.

9. This application stands disposed of.

10. Let the case diary be returned to learned court below. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T