Md. Nehal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36258 of 2019 Arising Out of PS. Case No.-285 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== MD. NEHAL Son of Md. Kallu @ Kallu Resident of Village - Murgiya, Tola Ishopur, P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Deepnagar P.S. Case No. 285 of 2018 registered under sections 379, 461 of the I.P.C. pending in the Court of C.J.M., Nalanda at Bihar Sharif and later on, section 395 of the I.P.C. was added. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. He has been made accused in this case only on the basis of suspicion. Petitioner is in custody since 21.01.2019. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner has criminal antecedent. He is accused in several cases, as detailed in paragraph no. 3 of the bail application.

Patna High Court CR. MISC. No.36258 of 2019(3) dt.11-09-2019 2/2 Hence, petitioner does not deserve privilege of bail. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, liberty is given to the petitioner to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) shailendra/- U T