Md. Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60564 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- BHAWANIPUR District- Purnia ====================================================== 1.

MD. ARIF, aged about 28 years, Gender, Male, Son of Md. Amir 2.

Md. Altaf, aged about 30 years, Gender, Male, Son of Md. Amir 3.

Md. Abrar @ Md. Ibrar, aged about 20 years, Gender, Male, Son of Md. Amir 4.

Md. Masquesood, aged about 52 years, Gender, Male, Son of Md. Habib 5.

Md. Razzaque, aged about 22 years, Gender, Male, Son of Md. Maquesood All are resident of village, Hardicoal, P.S. Bhawanipur, District, Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 302, 201 and 34 of the Indian Penal Code.

Allegation against the F.I.R. named accused including these petitioners is to have killed the brother of the informant and disappeared his dead-body in Kuriya near the school to screen themselves from legal punishment.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case

Patna High Court CR. MISC. No.60564 of 2019(4) dt.29-11-2019 2/2 due to suspicion and previous animosity. Earlier FIR was instituted against petitioner giving rise to Bhawanipur P.S. Case No.191 of 2018 dated 18.09.2018 by Md. Anjar, Full brother of informant whereas earlier a case was instituted by Md. Aamir, father of petitioner against the informant giving rise to Bhawanipur P.S. Case No.189 of 20148 dated 16.9.2018. Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioners. It has been submitted that witnesses have supported the prosecution case in the case diary.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to grant the petitioners anticipatory bail. Hence, the prayer for bail of the petitioners is hereby rejected.

Petitioners if surrender and apply for regular Bail, same to be considered on same day without being prejudiced by rejection of Anticipatory Bail.

(S. Kumar, J) Sanjay/- U T