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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72574 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- PARBATTA District- Bhagalpur ====================================================== Md. Fulo @ Md. Fulo Alam Son of Md. Masrail @ Musan Shekh R/O Mohalla Sekh Tola, P.S.- Jhandapur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP For the Informant :

Mr. Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Parbatta P.S. Case No. 92 of 2024 instituted for the offences under Sections 363, 365, 302, 201/34 of the Indian Penal Code.

3. Prosecution case, in short, is that the accused persons including the petitioner kidnapped the father of the informant from his paan shop. Later on, the dead body of the informant's father was recovered.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and

Patna High Court CR. MISC. No.72574 of 2024(5) dt.17-01-2025 2/2 omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that there is admitted previous enmity between the accused persons and the deceased. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.05.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that on the basis of confessional statement of the petitioner, the dead body of the deceased was recovered, thus the involvement of the petitioner in the alleged offence cannot be denied and, therefore, he may be not be released on bail.

6. Considering the aforesaid facts and circumstances of the case, the material available in the case diary, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T