Patna High CourtCR. MISC./82424/2024bail rejected

Md. Rahamat Ali v. The State Of Bihar

2025-01-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82424 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Md. Rahamat Ali S/O Md. Mokid @ Md. Mofid R/O Village- Ratwara, P.SKalyanpur, Distt.- Samstipur. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ajay Kumar, Advocate For the State :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. As per prosecution case, this petitioner, along with three unknown persons, assaulted son of informant who, during course of treatment, died.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has falsely been implicated in this case only on suspicion. F.I.R. has been lodged after inordinate delay of 11 days and there is no plausible explanation for the same. During course of investigation, not a single witness has claimed to have seen this petitioner committing the alleged offence. Petitioner claims

Patna High Court CR. MISC. No.82424 of 2024(3) dt.27-01-2025 2/2 clean antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R.. It is further submitted that the deceased himself disclosed the name of this petitioner as the one who assaulted him.

6. Considering the aforesaid facts and circumstances and specific and direct nature of accusation, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T