Shamshad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2210 of 2020 Arising Out of PS. Case No.-300 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== SHAMSHAD ALI Son of Late Manjur Ali R/o Village- Bibi Ke Bangra, P.S.- Barhariya, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Bihari Tiwary, Advocate.

For the Opposite Party/s :

Mr.Rajeev Nayan (App231) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The F.I.R. of the occurrence of murder is against unknown. The impugned order as well as available case diary reveals that during investigation it surfaced that since the deceased was opposing criminal activity of the F.I.R. named accused persons including the petitioner, they might have committed his murder. The petitioner has got criminal antecedents as disclosed in Para-3 of the bail petition. Learned counsel for the petitioner submits that there is no direct evidence against the petitioner save and except

Patna High Court CR. MISC. No.2210 of 2020(3) dt.16-06-2020 2/2 suspicion.

Considering the nature of material and criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Siwan (Town) P.S. Case No. 300 of 2019.

Prayer for bail of the petitioner is refused. Petitioner is directed to surrender and pray for regular bail.

(Birendra Kumar, J) mantreshwar/- U T