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Patna High CourtCR. MISC./39040/2017rejected

Babar Ali v. The State Of Bihar

2017-08-19Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39040 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Babar Ali, son of Munna Mistri, resident of village- Barki Sarimpur, Police Station- Buxar (Industrial), District- Buxar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with a case registered under Sections 147, 148, 149, 150, 114, 186, 353, 332, 333, 427, 436, 341, 323, 380 and 302 of the Indian Penal Code.

Allegation in brief is that this petitioner instigated accused persons to kill the informant upon which accused Akbar Ali and Aurangzeb Ali assaulted him with iron rod and in the meanwhile, this petitioner also fired from him pistol. Learned counsel for the petitioner submits that allegation against this petitioner is about instigation and no participation in the assault. Petitioner has got four criminal antecedent for serious nature, so prayer for anticipatory bail of the petitioner, namely, Babar Ali is rejected in connection with Buxar (Industrial) P.S.

Patna High Court Cr.Misc. No.39040 of 2017 (2) dt.19-08-2017 2/2 Case No.99 of 2017 pending in the court of Chief Judicial Magistrate, Buxar. However, if the petitioner may surrender and seek regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Arun Kumar, J) N.H./- U T