Patna High CourtCR. MISC./83364/2023dismissed

Md.Jabbar @ Jabbar v. The State Of Bihar

2024-01-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83364 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- SUKHANI District- Kishanganj ====================================================== Md.Jabbar @ Jabbar S/O Late Samshuddin Village- Salguri, Ps. Sukhani, Dist. Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Sukhani P.S. Case No. 30 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 224, 225 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Kishanganj.

3. As per the prosecution case, when the informant along with other police personnel visited the house of the petitioner for apprehending co-accused Sukru, then the petitioner along with 100 persons are said to have caused obstruction in the action of the police and also assaulted them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.83364 of 2023(2) dt.08-01-2024 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has not been arrested on the spot nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as mentioned in para3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is also involved in the present case. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T