Md. Gulzar @ Md. Guljar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68079 of 2021 Arising Out of PS. Case No.-302 Year-2018 Thana- JAMUI District- Jamui ====================================================== 1.

Md. Gulzar @ Md. Guljar Son of Md. Iliyas Resident of Village- Amrath, P.S.- Jamui, District- Jamui.

2.

Md. Hafizullah @ Md. Hafijulla Son of Usman @ Sheikh Usman Resident of Village- Amrath, P.S.- Jamui, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Mishra For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2022 Heard both parties.

The petitioners apprehend their arrest in Jamui P.S. Case No. 302 of 2018, registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code. As per the prosecution case, petitioners along with other FIR named accused persons dragged the brother of informant in their house and started assaulting him. When Azmat and Md. Rafi Ahmad tried to save him, the accused persons tried to assault them, but both of them fled away. It is submitted that petitioners have been falsely implicated in this case due to ulterior motive. After investigation the Police has submitted final form and these petitioners were

Patna High Court CR. MISC. No.68079 of 2021(3) dt.17-10-2022 2/2 not sent up for trial. Although, learned court below took cognizance against petitioners.

Petitioners claim clean antecedents.

However, counsel for informant opposed the prayer for bail and submitted that pre-arrest bail application of similarly situated co-accused has been rejected by this court vide order dated 16.04.2019 passed in Cr. Misc. No. 70506 of 2018.

Considering the materials available on record, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T