Md. Belal @ Mohammad Belal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69972 of 2023 Arising Out of PS. Case No.-297 Year-2021 Thana- BISFI District- Madhubani ====================================================== Md. Belal @ Mohammad Belal Son Of Mohammad Badrul Residnet Of Village - Parsauni South, Ward No.10, P.S. - Bisfi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Fahad Khurshid For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Bisfi P.S. Case No. 297 of 2021 registered for the offences punishable under Sections 328, 302, 34 of the Indian Penal Code pending in the Court of learned A.C.J.M., Benipatti, Madhubani.

3. As per the prosecution case, allegation against the petitioner and other co-accused persons is that they have committed murder of the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the FIR, his name has surfaced

Patna High Court CR. MISC. No.69972 of 2023(3) dt.30-01-2024 2/2 during the course of investigation. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is also involved in the present case, this fact is also stated in paragraphs no. 137, 177, 183, 184, 186 and 194 of the case diary.

6. Considering the facts and circumstances of case, the nature of the offence and the involvement of the petitioner in the present case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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