Mahbul Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52047 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- ANGARH District- Purnia ====================================================== MAHBUL HUSSAIN SON OF JOHAK ALI R/O VILLAGE- CHANDWAR KOLHA, P.S.- ANGARH, DISTRICT- PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr.Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Angarh P.S. Case No.22 of 2021, registered for the offence punishable u/s 302, 201/34 of the IPC.

Allegedly, the petitioner in connivance with other accused persons is said to have killed the father of the informant and threw the dead body in a paddy field.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to local politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no eye-witness to

Patna High Court CR. MISC. No.52047 of 2022(4) dt.02-05-2023 2/2 the alleged occurrence and only on suspicion, petitioner has been made accused in this case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that the process u/s 82 and 83 Cr.P.C. has been issued against the petitioner and accordingly, this application for anticipatory bail is not maintainable.

Having regard to the facts and circumstances of the case and considering that process u/s 82 and 83 Cr.P.C. has been issued, I am not inclined to entertain this application for anticipatory bail.

The instant application is accordingly dismissed. (Anjani Kumar Sharan, J) pallavi/- U T