Dismissed

Aftab Ahmad @ Md. Aftab @ Aftab v. The State of Bihar

Patna HC12 Mar 2024CR. MISC./11735/2024

Case brief

AI extract

What is this about?

Government Pleader and applicant sought anticipatory bail. The bench held that the petitioner's name appeared in the case via a co-accused's statement under Section 161 Cr.P.C., which is relevant for establishing a prima facie case in grave offences. Applicant rejected.

What did the court decide?

Anticipatory bail application rejected; applicant not enlarged on bail.

Aftab Ahmad @ Md. Aftab @ Aftab Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11735 of 2024

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Arising Out of PS. Case No.-47 Year-2013 Thana- KANTI District- Muzaffarpur

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======================================================

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Aftab Ahmad @ Md. Aftab @ Aftab Son of Abdul Malik Resident of Village - Siwanpatti, P.S.- Maniyari, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rupesh Kumar, Adv. For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 12-03-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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Petitioner is apprehending his arrest in connection with Kanti P.S. Case No.47/2023, registered for the offence punishable u/s 328/379/34 of the IPC.

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Allegedly, some unknown miscreants took away the Truck bearing UP-53BT-6145 after administering ‘prasad’ to the driver and the co-drivers, who lost their consciousness after eating ‘prasad’ .

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He is not named in the FIR and has been falsely implicated in this case due to ulterior motive. The name of petitioner transpired in this case on the confessional statement of co-

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Patna High Court CR. MISC. No.11735 of 2024(2) dt.12-03-2024 2/2

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accused Md. Muzaffar Ahmad @ Aajam and Meraj Ahmad @ Gulab. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has one criminal antecedent.

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Learned APP for the State opposed the prayer for bail by submitting that the name of petitioner has transpired in this case on the confessional statement of the co-accused and the Apex Court has held in the case of Indresh Kumar v/s The State of UP & Anr. In Criminal Appeal no.938 of 2022, that statements made under section 161 Cr.P.C. are relevant in considering the prima facie case against an accused in an application for grant of bail in the case of grave offence.

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

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This application is accordingly dismissed.

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(Anjani Kumar Sharan, J)

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pallavi/-

Aftab Ahmad @ Md. Aftab @ Aftab v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Aftab Ahmad @ Md. Aftab @ Aftab v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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