Taz Mallik @ Md. Taz Mallik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45208 of 2019 Arising Out of PS. Case No.-623 Year-2018 Thana- MASAUDHI District- Patna ====================================================== TAZ MALLIK @ MD. TAZ MALLIK Son of Sultan Mallik Resident of Village - Rahmatganj, P.O. and P.S.- Masaurhi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Mishra For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Masaurhi P.S.Case No.623 of 2018 registered for offences punishable under Sections 341, 324, 326, 307 of the Indian Penal Code and Section 27 of the Arms Act.
As per FIR, the informant got information that his younger brother has been shot by some miscreants , he went thee and found him in the injured condition. Petitioner is not named in the FIR.
Submission of the learned counsel for the petitioner is that FIR is against the unknown, his name transpired on the confessional statement to the co-accused and in two other cases he is on bail.
Heard learned A.P.P. who has opposed the prayer for bail
Patna High Court CR. MISC. No.45208 of 2019(5) dt.08-01-2020 2/2 on the ground that the FIR is against the unknown and if the petitioner is granted anticipatory bail, he can not be put on TIP. Having heard both sides and in view of the facts and circumstances, as stated above, as well as the criminal antecedent, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may surrender before the learned court below and make prayer for regular bail. With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T