Md. Tarique Amaan @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35594 of 2019 Arising Out of PS. Case No.-644 Year-2018 Thana- KOTWALI District- Patna ====================================================== MD. TARIQUE AMAAN @ GUDDU Son of Md. Suleman Resident of Mohalla- Fida Hussain Road, Police Station and District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Shekhar For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-08-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as lodged by the informant is that her husband was returning from mosque after offering prayer and board himself in his car, all accused persons have killed him.

It has been submitted on behalf of the petitioner that he is innocent, committed no offence and has been falsely implicated in the aforesaid case. He submits that there is general

Patna High Court CR. MISC. No.35594 of 2019(3) dt.13-08-2019 2/2 and omnibus allegation has been levelled against the petitioner. He further submits that two accused persons have been granted the privilege of anticipatory bail by a coordinate Bench of this Court.

Learned counsel for the informant submits that in paras-63 and 155 of the case diary one Hasan Ali claiming himself to be eye witness of occurrence gave his statement before the police that Guddu and Bablu shot fire at the deceased. Considering the facts and circumstance of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his payer for anticipatory bail is rejected in connection with Kotwali P.S. Case No. 644 of 2018 corresponding G.R. No. 6365 of 2018 pending in the court of the learned Chief Judicial Magistrate, Patna. Accordingly, the application is dismissed.

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