Abdul Ali @ Abdul Alim And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57699 of 2015 Arising Out of PS.Case No. -138 Year- 2014 Thana -BIRPUR District- SUPAUL ======================================================

1. Abdul Ali @ Abdul Alim, son of Md. Ahsan

2. Md. Yusuf, son of Md. Kasim @ Abul Kasim Both residents of village- Balbhadrapur, Police Station- Birpur, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Birpur P.S. Case No.138 of 2014 registered under Sections 302 and 201 read with 34 of the Indian Penal Code. It has been contended that the FIR has been registered against unknown and in course of investigation only suspicion has been raised against the petitioners by some of the witnesses whose statements have been recorded under section 161 of the Code of Criminal Procedure.

Learned counsel for the informant has vehemently opposed the application for the grant of anticipatory bail. He has

Patna High Court Cr.Misc. No.57699 of 2015 (2) dt.29-01-2016 2/2 contended that though there is no eye witness to the occurrence, during course of investigation complicity of the petitioners transpired in the alleged murder.

Regard being had to the gravity of the offence in which names of the petitioners have transpired during course of investigation and the police may require their custodial interrogation, I am not inclined to grant pre-arrest bail to the petitioners. Accordingly, their prayer for grant of pre-arrest bail is hereby rejected.

(Ashwani Kumar Singh, J) Md.S./- U T