Patna High CourtCR. MISC./64700/2024bail rejected

Md. Sultan Arfi @ Tinku v. The State Of Bihar

2024-09-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64700 of 2024 Arising Out of PS. Case No.-862 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

MD. SULTAN ARFI @ TINKU S/O MD. MUSTAFA R/o village- ISA Nagar Tola, Phulwarisharif,PS - Phulwarisharif, District- Patna 2.

Md. Mustak @ Raja @ Md. Raza S/o Md. Azhar Khan R/o village- ISA Nagar Tola, Phulwarisharif,PS - Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Arun Kumar Sinha, Advocate For the State :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 336, 307, 326, 353, 268, 327 and 427 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, on the alleged date and time of occurrence, two groups were fighting as a result of which one person sustained injury and police recovered seven motorcycles, nine empty cartridges and one pellet. It is further alleged that accused persons also got released an accused from police custody.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.64700 of 2024(2) dt.24-09-2024 2/2 petitioners submits that petitioners are innocent and have been made an accused in this case only on the basis of confessional statement of co-accused person. There is no specific accusation of assault against these petitioners. There are general and omnibus allegations against these petitioners.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and there is allegation of assault against these petitioners. It is further submitted that petitioners have got seven criminal antecedents each.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and criminal antecedents of the petitioner, the prayer for grant of anticipatory bail to these petitioners is rejected.

(Prabhat Kumar Singh, J) shashank/- U T