Patna High CourtCR. MISC./49286/2021dismissed

Osaman Bin Ahmad v. The State Of Bihar

2022-02-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49286 of 2021 Arising Out of PS. Case No.-834 Year-2020 Thana- BIHAR District- Nalanda ====================================================== OSAMAN BIN AHMAD Son of Md. Amzad Alam Resident of MohallaSyed Tola Asthawan, P.S. - Ashawan, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivam For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-02-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the informant video conferencing. The petitioner apprehends his arrest in connection with Bihar P.S. Case No. 834 of 2020 registered for the offences punishable under Sections 363 of the Indian Penal Code. Subsequently, Section 302/201/120B/34 of the Indian Penal Code were also added.

It has been submitted by learned counsel for the petitioner that there is no evidence against the petitioner and the material available against him is the confessional statement of Md. Taufique that he along with the petitioner and others killed

Patna High Court CR. MISC. No.49286 of 2021(2) dt.11-02-2022 2/2 the deceased. He further submits that the petitioner is a student of computer science in Bhopal and has a clean antecedent and, therefore, he may be granted the privilege of anticipatory bail. Learned counsel for the informant has submitted that the petitioner is said to have killed an innocent person and others have been granted regular bail and this is not a fit case for grant of anticipatory bail.

The petitioner is named by a co-accused in his self inculpatory confessional statement and is one of the participants in killing the deceased.

In view of the law laid down by the Supreme Court in the case of Jai Prakash Singh Vs. State of Bihar and another [(2012) 4 SCC 379], this is not a fit case for grant of anticipatory bail. It is, accordingly, dismissed. (Sandeep Kumar, J) Saif/- U T