Md. Shakil Ahmad @ Md. Shakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54740 of 2019 Arising Out of PS. Case No.-1 Year-2016 Thana- NIMCHAKBATHANI District- Gaya ====================================================== MD. SHAKIL AHMAD @ MD. SHAKIL, Aged about 33 years, Male, Son of Md. Alidaj Mian, Resident of Village Manjhauli, P.S. Neemchak Bathani, District Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kunwar Narayan Jamuar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-11-2019 Heard both sides.

The petitioner apprehends his arrest in Neem Chak Bathani P.S. Case No.1 of 2016, registered under Sections 302 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 28.07.2016, passed in Cr. Misc. No.23092 of 2016 but the petitioner was not apprehended and he is continuously on duty as Master in government school. The petitioner has falsely been implicated in the case and on the ground of his being not arrested by the police, the petitioner again moved this Court for grant of anticipatory bail.

Patna High Court CR. MISC. No.54740 of 2019(3) dt.06-11-2019 2/3 According to the allegation made in the FIR, Md. Shakil, the petitioner and his brother, Md. Wakil are alleged to have fired which hit on the head of the father of the informant and the father of the informant died on the spot. Md. Imran is also said to have fired which hit Kalo Miyan. There is specific allegation against the petitioner that he also fired and on such consideration the prayer for anticipatory bail of the petitioner was rejected on 28.07.2016 but the petitioner did not surrender in the court. This fact itself shows that the petitioner has scant respect for the law and he appears to be fearless and not law abiding people.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

Let a copy of this order be sent to the S.S.P., Gaya and a report be called for from the S.S.P., Gaya as to under what circumstances, no action has been taken against the petitioner. The S.S.P., Gaya is directed to submit the report within three weeks from the date of receipt of this order failing which necessary action in accordance with law shall be taken against the S.S.P., Gaya.

Patna High Court CR. MISC. No.54740 of 2019(3) dt.06-11-2019 3/3 List this case on 11.12.2019 under the heading to be mentioned after receipt of the report of the S.S.P., Gaya. (Prabhat Kumar Jha, J) S.KUMAR/- U T