Raju Khan @ Mustaque Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72394 of 2019 Arising Out of PS. Case No.-160 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== Raju Khan @ Mustaque Khan Son of Late Subhan Allah Khan Resident of Village-Fulkaul, Police Station-Ramnagar, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Harun Quareshi, Advocate For the Opposite Party/s :

Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Ramnagar P.S. Case No. 160 of 2019, registered for the offence punishable under Sections 302, 120 (B) of the Indian Penal Code and Section 27 of the Arms Act. The FIR has been lodged by the wife of the deceased making statement that her husband had an apprehension that his life would be finished by the accused persons with whom he had a land dispute and that story was said by her husband in the previous night and in the morning, as per the allegation, he was taken to the pond where all accused persons pumped the bullet injury.

Patna High Court CR. MISC. No.72394 of 2019(5) dt.15-07-2020 2/2 Counsel for the petitioner submits that during investigation, one co-accused Faiyaz Shah was arrested by the police who made his confessional statement that he himself had committed the crime and killed the deceased. He further submits that on the date of occurrence, he was not present for that he has placed reliance on the railway ticket as well as prescription of doctor of Aligarh Muslim University, however, this plea of alibi cannot be looked into at this stage.

I have perused the case diary wherein different witnesses have categorically taken the name of the petitioner to be involved in the commission of the crime.

Looking to the entire facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within eight weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court. (Shivaji Pandey, J) V.K.Pandey/- U T