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Patna High CourtCR. MISC./54536/2024bail rejected

Md. Dilawar Hussain @ Dilawar @ Dilawer v. The State Of Bihar

2024-10-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54536 of 2024 Arising Out of PS. Case No.-427 Year-2023 Thana- BAISI District- Purnia ====================================================== Md. Dilawar Hussain @ Dilawar @ Dilawer Son of Abu Nasar @ Abul R/O Vill.- Habdang Ujjain, Sugwa Mahanandpur, P.S.- Baisi, Dist.- Purnea ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Qumrul Hoda, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, on 22.10.2023, some unknown persons called the son of informant and at about 6:30 PM, he left the house and did not return. During course of search, informant came to know that some scuffle took place between his son and others and later on, his dead body was found lying near the bridge. Informant suspects that this petitioner along with other accused persons committed murder of his son.

4. Learned counsel for the petitioner submits that informant is not an eye witness of the occurrence and petitioner

Patna High Court CR. MISC. No.54536 of 2024(3) dt.07-10-2024 2/2 has been made accused only on suspicion. During course of investigation, none of the witnesses have claimed to have seen this petitioner committing the alleged offence.

5. However, learned A.P.P. for the State opposed the prayer for bail and submitted that petitioner is named in the F.I.R. and during the course of investigation it has come that this petitioner threatened the son of informant and later on his dead body was recovered as also, this petitioner was last seen with the deceased.

6. Considering the nature of accusation, prayer for anticipatory bail of the petitioner is refused. (Prabhat Kumar Singh, J) Navya/- U T