Rafique Ahmad @ Rafique Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27646 of 2018 Arising Out of PS.Case No. -1856 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Rafique Ahmad @ Rafique Ahmed, s/o Late Abdul Gani, resident of Mohalla- Kazipura, P.S.- Sasaram (Town), District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Sasaram (T) P.S.Case No.1856 of 2017 registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is said to be order-giver and there is allegation against other accused persons of making indiscriminate firing causing death of the son of the informant.

Submission of the learned counsel for the petitioner is that there is case and counter case and the son of the petitioner has died in the occurrence and the petitioner is at best order-giver and he has criminal antecedent, which are old cases. Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.27646 of 2018 (2) dt.11-05-2018 2/2 informant. They have opposed the prayer for bail stating that the petitioner was also armed with rifle and though there is no specific allegation against him but there is allegation that all the accused persons made indiscriminate firing and moreover, he has criminal antecedent also..

Having heard both sides and in view of allegation and the petitioner has criminal antecedent also, I am not inclined to grant privilege of the anticipatory bail to the petitioner and if the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T