Patna High CourtCR. MISC./53311/2022dismissed

Mahafuj Alam v. The State Of Bihar

2023-01-17Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53311 of 2022 Arising Out of PS. Case No.-113 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== MAHAFUJ ALAM S/o Md. Yunus @ Yunus Mian Resident of VillageKudwa Mathiya Nuniya Tola, P.S.- Chanpatia (Kumarbag), District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Chanpatia (Kumarbag) P.S. Case No. 113 of 2021 instituted under Sections 394 of the Indian Penal Code. As per the prosecution story, the informant lodged this FIR at the Emergency Ward of Primary Health Centre, Sathi alleging that he along with his elder brother were returning home when motorcycle borne accused persons came and after overtaking their motorcycle, stabbed him and looted away the motorcycle. Accordingly, the FIR was lodged.

Subsequently, the police took up the investigation and picked up Gulshan Kumar who confessed the complicity of this

Patna High Court CR. MISC. No.53311 of 2022(2) dt.17-01-2023 2/2 petitioner.

Learned counsel for the petitioner submits that he is a young boy and has passed his matriculation examination with first division but his career is being spoiled due to lodging of the criminal cases.

Learned APP on the other hand submits that a bare perusal of para-3 would show that he has four criminal antecedents of the same nature and in that backdrop, when his name has come in the confessional statement of accused Gulshan Kumar, he does not deserve bail.

Taking into account the kind of allegation and criminal antecedent, this Court is not inclined to grant him relief and accordingly the same is rejected.

(Rajiv Roy, J) Prakash Narayan /Ajay Singh/- U T