Margub @ Md. Margub Alam @ Md. Margub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67362 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- ARARIA District- Araria ====================================================== MARGUB @ MD. MARGUB ALAM @ MD. MARGUB SON OF LATE JUBAIR RESIDENT OF VILLAGE - KAKURWA BASANTPUR, WARD NO.22 @ KAKUDVA VASTI, P.S. - ARARIA, DISTRICT - ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Munish Om Prakash Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 Heard Mr. Munish Om Prakas Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State. 2.

Petitioner is apprehending his arrest in connection with Araria P.S. Case No.193/2023, registered for the offence punishable u/s 302, 201/34 of the IPC.

3.

Allegedly, the brother of the informant is said to have been murdered by one Sonu and his associates including the petitioner. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. Name of petitioner has transpired in this case only on the basis of confessional statement of the co-accused Sonu. There is no

Patna High Court CR. MISC. No.67362 of 2023(2) dt.02-11-2023 2/2 specific allegation against the petitioner. Specific allegation of assault with knife is against the co-accused Sonu and Tabark. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is allegation against the petitioner that he was involved in the murder of the informant's brother. His name has been taken in the confessional statement of the co-accused and in view of the judgment of the Apex Court in the case of Indresh Kumar v/s The State of UP & Anr. In Criminal Appeal no.938 of 2022, statements made under section 161 Cr.P.C. are relevant in considering the prima facie case against an accused in an application for grant of bail in the case of grave offence. 6.

Considering the aforesaid facts and circumstances and the grave nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T