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Patna High CourtCR. MISC./85293/2019dismissed

Md. Aarasi @ Md. Arasi v. The State Of Bihar

2020-01-09Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85293 of 2019 Arising Out of PS. Case No.-231 Year-2016 Thana- CIVIL LINE District- Gaya ====================================================== Md. Aarasi @ Md. Arasi, Son of Md. Akhter, Resident of Village - Yasin Colony, P.S.- Civil Line, Distt.- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Civil Line P.S. Case No. 231 of 2016 registered for the offences punishable under Sections 465, 471, 472, 201, 35 of the Indian Penal Code and Section 25(1B)A/26/35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to dirty village politics. Learned counsel submits that the petitioner has not committed any offence as alleged in the FIR.

Learned A.P.P. for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.85293 of 2019(2) dt.09-01-2020 2/2 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the name of the petitioner has transpired in the confessional statement of the co-accused who was arrested by the police with loaded pistol of 7.6 MM but this Court finds that the petitioner has moved before this Court for grant of anticipatory bail after more than three years, not being inclined to grant anticipatory bail, instead of granting anticipatory bail to the petitioner, this Court directs that in case the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered by the court below on the basis of the materials collected by the Investigating Officer in course of investigation and the same shall be considered independently without being prejudiced by the order of this Court.

(Rajeev Ranjan Prasad, J) arvind/vats U T