Shahnawaz Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44949 of 2022 Arising Out of PS. Case No.-60 Year-2021 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== SHAHNAWAZ MIAN Son of Islam Mian Resident of Village - Bhagwanpur, P.s.- Bhagwanpur, Distt.- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard the parties.

The petitioner apprehend his arrest in Adhaura P.S. Case No.60 of 2021, registered for the offence punishable under Sections 302/34 of the Indian Penal Code and section 27 of Arms Act.

As per the FIR, the informant received information from the petitioner to the effect that some persons were shooting his son, when the informant started looking for his son he found his dead body besmeared with blood in the basin of a river. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.44949 of 2022(3) dt.09-01-2023 2/2 omnibus in nature. There is no specific overt act against the petitioner. There is no eye witness in the present case and the petitioner has been made accused merely on suspicion. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that there is ample of evidence available against the petitioner in the case diary. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T