Md. Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40474 of 2019 Arising Out of PS. Case No.-123 Year-2016 Thana- SHAHKUND District- Bhagalpur ====================================================== MD. AFROZ Son of Md. Hanif Resident of Village - Bhatauria, P.S.- Madhusudanpur, Distt - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Shahkund P.S. Case No. 123 of 2016 registered for the offence punishable under Section 394 of the Indian Penal Code, which is pending in the court of the Chief Judicial Magistrate, Bhagalpur.

Prosecution case is of committing robbery in a Tata Star Bus and FIR has been lodged against unknown. It appears that during investigation name of petitioner transpired in the confessional statement of co-accused.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and he has no criminal antecedent.

Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that the case is of the year 2016

Patna High Court CR. MISC. No.40474 of 2019(3) dt.05-09-2019 2/2 and moreover in case like this custodial interrogation of the petitioner is required.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on the basis of materials available on the record.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T