Sahid Alias Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38329 of 2020 Arising Out of PS. Case No.-214 Year-2019 Thana- PIPRAKOTHI District- East Champaran ====================================================== SAHID ALIAS ASLAM SON OF MD SHAKIL @ SHAKIL MIAN RESIDENT OF VILLAGE JEODHARA, P.S.- PIPRA KOTHI, DISTRICTEAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Adv.

For the Opposite Party/s :

Mr. Ran Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Pipra Kothi P.S. Case No. 214 of 2019 for the offence punishable under Sections 307 and 394 of the Indian Penal Code.

According to the informant, while he was going, three miscreants over took him and tried to snatch his bag and upon his protest, the miscreants opened fire on him as a result of which he sustained gun shot injury and unconsciously fell down.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. As a matter of fact, the instant F.I.R. is against three unknown persons and

Patna High Court CR. MISC. No.38329 of 2020(3) dt.28-10-2021 2/2 there is no recital of the name of the petitioner rather his name transpires in this case on the basis of confessional statement of the co-accused, Guddu @ Alaudden Hussain. Hence, the petitioner may be granted the privilege of anticipatory bail. Learned A.P.P. for the State has, vehemently, opposed the prayer for grant of anticipatory bail to the petitioner and submitted that the co-accused, Guddu @ Alaudden Hussain has granted regular bail by the court below. Further, during course of investigation, it has come that the petitioner along with his associates looted the bag of the informant and on his protest, they fired upon the informant with intention to kill him which hit the abdomen of the informant.

Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail to the petitioner is rejected. (Rajesh Kumar Verma, J) braj/- U T