Abu Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.228 of 2020 Arising Out of PS. Case No.-14 Year-2019 Thana- ANGARH District- Purnia ====================================================== Abu Kalam Son of Alimuddin, Resident of Village - Gostara, P.S.- Rauta, Distt.- Purnea.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bikramdeo Singh, Adv.

Mr.Bijendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Angarh P.S. Case No.14 of 2019 registered for the offence under Section 302/34 of the Indian Penal Code.

The prosecution case is that on 29.06.2019 at about 11.00 in the night, four persons after breaking the door of the informant's house entered into the room of the informant, in which two persons, namely, Abu Hayat and Abu Kalam were identified. Abut Hayat shot fire on the chest of husband of the informant and Abu Kalam (the petitioner) also shot fire, in which the informant also sustained injury. It is alleged that at the time of death, husband of the informant told that Abu Hayat has killed him. Hearing alarm the people came there and brought the

Patna High Court CR. MISC. No.228 of 2020(2) dt.25-02-2020 2/2 husband of the informant at Primary Health Centre, where the doctor declared him dead.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case due to local village politics. It is further submitted that there is specific allegation of killing the deceased against accused Abu Hayat and the petitioner is elder brother of Abu Hayat and only due to this reason, the petitioner has been made accused in this case. It is submitted that the deceased was chargesheeted accused in several cases.

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

Considering the facts and circumstances as well as the fact that there is specific allegation against the petitioner of giving shot fire, I am not inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the prayer for anticipatory bail stands rejected.

(Prabhat Kumar Singh, J) nawalkrs/- U T