Patna High CourtCR. MISC./80229/2024bail rejected

Md. Ashraf @ Ashraf Khan v. The State Of Bihar

2025-02-12Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80229 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- CHAKAND District- Gaya ====================================================== Md. Ashraf @ Ashraf Khan Son of Late Shahjahan Khan R/O MohallaKathotar Talab, P.S.- Civil Line, Dist.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-02-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Chakand P.S. Case No.73 of 2024 under Sections 147, 148, 149, 302 and 201 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against four named accused persons including the petitioner against whom there is allegation that they have assaulted the informant son with lathi and rod due to which his son was died.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that petitioner's name has figured in this case by virtue of confessional statement of co-accused persons and he has been

Patna High Court CR. MISC. No.80229 of 2024(3) dt.12-02-2025 2/2 falsely implicated in the present case.

5. Learned Counsel also submits that antecedent of the petitioner is not clean and there is two criminal antecedent of the petitioner.

6. Learned APP for the State opposes the prayer for bail and submits that the allegation of murder is against the petitioner and petitioner is named in the F.I.R.

7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

8. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within 4 weeks from today and prays for regular bail, then trial court shall pass order without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T