Md. Aashiq v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2465 of 2023 Arising Out of PS. Case No.-357 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== MD. AASHIQ Son of Md. Aslam Resident of Village- Jhitki, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mazharul Hassan For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Nanpur P.S. Case No. 357 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is that he along with other co-accused surrounded the informant's son and the petitioner fired on the chest of the informant's son and the son of the informant died during treatment.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2465 of 2023(3) dt.25-05-2023 2/2 petitioner is in custody since 01.09.2022 and the petitioner is quite innocent.

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

As per the eyewitnesses, the petitioner is the assailant of the deceased.

Considering the fact that the petitioner is the assailant of the petitioner, I am not inclined to grant bail to the petitioner.

Accordingly, this application stands rejected. The Court below is directed to expedite the trial of the petitioner.

(Sandeep Kumar, J) Shishir/- U T