Patna High CourtCR. MISC./2993/2023bail rejected

Md. Masoom @ Md. Masoom Reza v. The State Of Bihar

2023-06-23Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2993 of 2023 Arising Out of PS. Case No.-503 Year-2022 Thana- JOKIHAT District- Araria ====================================================== MD. MASOOM @ MD. MASOOM REZA S/o Masihuzzama R/o VillageSingar Mohni, Tola Ajhwa, P.S.- Jokihat, Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 28.09.2022 in connection with Jokihat P.S. Case No. 503/2022, F.I.R. dated 27.09.2022, for the offences punishable under Sections 302/34 of the IPC.

According to prosecution case, while the husband of the informant was sleeping along with his children, the informant heard the sound of her husband and saw that the petitioner was cutting throat of her husband and four persons were holding deadly weapon standing behind him. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that due to

Patna High Court CR. MISC. No.2993 of 2023(4) dt.23-06-2023 2/2 previous enmity the petitioner has been falsely implicated in the present case.

Learned Additional Public Prosecutor for the State on the other hand on the basis of material available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner that he has assaulted to the deceased. He further submits that the medical report also supports the allegation as alleged in the F.I.R. and the witnesses have also supported the prosecution case.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Jokihat P.S. Case no. 503/2022, pending in the court of learned C.J.M., Araria.

Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T