Shahabuddin @ Md. Shahabudidn v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86163 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Shahabuddin @ Md. Shahabudidn S/O Late Md. Nuruddin R/o Chharapatti Ward No. 9, P.S.- Bhargama, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajanan Mishra, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Kochadhaman P.S. Case No.106 of 2023, registered for the offence punishable u/s 392 of IPC.

3.

Allegedly, four unknown persons came on two motorcycles and looted Rs.70,000/- cash and mobile phone showing the fear of gun and fled away.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case on the basis of suspicion. Petitioner is not named in the FIR. There is no incriminating evidence against the petitioner. The petitioner is a social worker of a political party and his rival group managed to

Patna High Court CR. MISC. No.86163 of 2024(2) dt.17-12-2024 2/2 implicate the petitioner in this case. Petitioner was not apprehended on the spot and his name transpired only on the confessional statement of co-accused who arrested during investigation. Petitioner has criminal antecedents as mentioned in para 3 of the bail application.

5.

Learned APP for the State opposed the prayer for bail and submits that petitioner is involved in the present case. 6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

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