Md. Elias v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1395 of 2023 Arising Out of PS. Case No.-676 Year-2020 Thana- MAHUA District- Vaishali ====================================================== MD. ELIAS SON OF MD. FIROJ MIAN @ Md. Firoj R/O VILL.- PAHARPUR, P.S.- MAHUA, DISTT.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahua P.S. Case No.676 of 2020 registered under Section 302 of the Indian Penal Code and other allied sections of the I.P.C.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. No specific allegation is attributed to the petitioner. Two F.I.Rs. have been lodged for the same occurrence.

Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner stating that in the alleged occurrence three persons sustained injuries and one person died

Patna High Court CR. MISC. No.1395 of 2023(4) dt.07-04-2023 2/2 later on. During investigation, materials have come showing involvement of the petitioner in the alleged crime. The injury reports also corroborate the allegations levelled in the F.I.R. Therefore, the petitioner does not deserve anticipatory bail. Having considered the above facts and circumstances of the case as well as the nature of allegations made against the petitioner along with injury reports, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for bail is rejected.

Harish/- (Arvind Srivastava, J) U T