Md. Shahabuddin @ Shahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38164 of 2014 Arising Out of PS.Case No. -99 Year- 2014 Thana -MANIHARI District- KATIHAR ====================================================== Md. Shahabuddin @ Shahabuddin, son of Sk. Chhabbu alias Chhabi Lal, resident of village - Idgah, Patni, Police Station Manihari, District katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Qumrul Hoda For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-03-2015 Heard Sri Najmul Hoda, learned counsel, who was assisted by Md. Oumrul Hoda, learned counsel for the petitioner, learned A.P.P. as well as Sri Karuna Kant Jha, learned counsel , who has voluntarily appeared on behalf of the informant. The petitioner, apprehending his arrest in connection with Manihari P.S. Case No. 99 of 2014 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code has prayed for grant of bail.

Learned counsel for the petitioner submits that since earlier the petitioner was informant in a case registered under Section 376 of the Indian Penal Code against the grand son of the informant of the present case, false case has been instituted against the petitioner and others. He further submits that even injury report does not corroborate the allegation made in the F.I.R.

Patna High Court Cr.Misc. No.38164 of 2014 (2) dt.27-03-2015 2/2 Learned counsel for the informant has opposed the prayer for bail.

Besides hearing, I have also perused the materials available on record, particularly the F.I.R. On perusal of the F.I.R., I do not find the present case fit for extending the privilege of anticipatory bail.

The petition stands disposed of granting liberty to the petitioner to appear before the court below and make a prayer for regular bail. If such petition is filed within a period of eight weeks from today, the concerned court without being prejudiced with this order may examine the same and pass appropriate order in accordance with law.

(Rakesh Kumar, J) Praful/- U T