Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59505 of 2021 Arising Out of PS. Case No.-307 Year-2020 Thana- SULTANGANJ District- Patna ====================================================== Arif S/o Md Badru Miyan R/o Mohalla - Mandal, Dargah Road, P.S. - Sultanganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gautam Kumar Yadav For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 147, 148, 149, 341, 386, 302 of the Indian Penal Code. The allegation against the petitioner is that he along with other co-accused persons including unknown after having formed unlawful assembly being armed with deadly weapon committed murder of the brother of the informant by indiscriminately firing with pistol upon the deceased due to non-fulfillment of extortion money. At the very outset, learned A.P.P has submitted

Patna High Court CR. MISC. No.59505 of 2021(3) dt.28-06-2022 2/2 after perusal of the case diary that from paragraph 110 of the case diary, it appears that processes under Section 82 Cr.P.C has been initiated. Hence, petitioner is not entitled for the privilege of anticipatory bail. In view of the aforesaid submission, this application is dismissed as not maintainable, in the light of the decision of the Hon'ble Apex Court.

(Sunil Kumar Panwar, J) Shageer/- U T