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Patna High CourtCR. MISC./43600/2016rejected

Md. Safaul Haque @ Md. Emo @ Emroj Haque @ Emo Mian v. The State Of Bihar

2016-10-05Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43600 of 2016 Arising Out of PS.Case No. -91 Year- 1998 Thana -SALKHUA District- SAHARSA ====================================================== Md. Safaul Haque @ Md. Emo @ Emroj Haque @ Emo Mian son of Motinul Haque @ Moti Mian R/O village-Kushmi, PS-Salakhua, DisttSaharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner as well as learned APP for the State.

After coming to know about the presence of notorious criminal Md. Jahid @ Commando along with his group so named therein including the petitioner, a raiding party was constituted in order to apprehend them and during course thereof, there was cross-firing wherein a Dy.S.P. sustained injury which ultimately cost his life. The occurrence is of the year 1998 and petitioner's presence has been procured only on 06.06.2016. It has been submitted on behalf of the petitioner that other co-accused have already been granted bail and to substantiate the same, Annexure-2 has been annexed which happens to be order dated 06.03.2009.

Learned APP opposed the prayer for bail.

Patna High Court Cr.Misc. No.43600 of 2016 (2) dt.05-10-2016 Considering the criminal antecedent of the petitioner as has been disclosed under para-3 of the petition inconsonance with long span of his absence, for the present, I do not feel inclined to release the petitioner on bail. As such, prayer for bail is rejected. (Aditya Kumar Trivedi, J) perwez U T