Md. Manti @ Md. Sahne v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63631 of 2023 Arising Out of PS. Case No.-474 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Md. Manti @ Md. Sahne Son Of Late Md. Jamaluddin, Resident Of Mohalla- Kabirpur, P.S.- Lalmatia, Distt- Bhagalpur ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Nathnagar P.S. Case No-474 of 2023 registered for the offences punishable under Sections 147, 148, 149, 323, 353, 332, 427, 379, 504 of the Indian Penal Code. He has got no criminal antecedent.

3. As per the prosecution story, the allegation against the petitioner is that while he was trying to take away the apprehended accused Md. Imran @ Nanhe from the possession of the police force attempted to snatch away the rifle from the women constable, namely, Anita Kumari.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on suspicion. It is submitted that there is no specific

Patna High Court CR. MISC. No.63631 of 2023(2) dt.17-10-2023 2/2 allegation of any overt act against this petitioner and the petitioner has otherwise no criminal antecedent.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the specific allegation that this petitioner while trying to take away the apprehended accused Md. Imran @ Nanhe from the possession of the police force attempted to snatch away the rifle from the women constable, namely, Anita Kumari, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer is refused.

7. In case the petitioner surrenders and prays for regular bail in the learned court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court.

8. This application is dismissed.

(Rajeev Ranjan Prasad, J) arvind/- U T