Md. Shahrukh @ Dablu Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61777 of 2017 Arising Out of PS.Case No. -373 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. MD. SHAHRUKH @ DABLU MIYAN, S/o Ali Ahmad, R/o MohallaBaswaria Bech Mohalla, Ward no.28, P.S.- Bettiah, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumari Rashmi, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 22-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bettiah Muffasil P.S. Case No.373 of 2017 instituted for the offence under Section(s) 302, 201/34 Indian Penal Code and Section 27 of the Arms Act pending in the Court of the Chief Judicial Magistrate, West Champaran, Bettiah.

It is alleged in the written report that this petitioner along with one Zahid Ezaz took the son of the informant with them, but he did not return home. The informant also found his mobile phone switched off. On the next day, informant received information that one dead body is lying near San Saraiya Canal Bridge, who has been shot dead. The informant identified the

Patna High Court Cr.Misc. No.61777 of 2017 (4) dt.22-02-2018 2/2 dead body and found the deceased has sustained gun shot injury on the head.

Case diary has been received, wherein, confessional statement of one of the co-accused, Md. Zahid, has been recorded, wherein, he has taken the name of this petitioner. Learned counsel for the petitioner has submitted that his name is Md. Shahrukh and not Dablu. But, in the bail petition, petitioner has been described as Md. Shahruk @ Dablu Mian.

In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T