Md. Israil @ Ajjo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2968 of 2015 Arising Out of PS.Case No. -1 Year- 2014 Thana -LAUKHI District- MADHUBANI ======================================================
1. Md. Israil @ Ajjo S/o Birkha Mian @ Noor Mohammad, resident of village Majhari, P.S. Nirmali, Distt. Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate. For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-04-2015 Heard both sides.
The petitioner seeks bail in Laukahi P.S. Case No. 01 of 2014, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The informant made very specific allegation that the petitioner Md. Israil @ Ajju and Md. Jibrail fired at the chest of his brother and his brother Raghunandan Yadav died in P.M.C.H. Learned counsel for the petitioner submits that the date of occurrence is 01.01.2014, but the FIR was lodged on 03.01.2014. There is no injury on chest. It is further submitted that the deceased was accused in the murder of brother of the petitioner.
On perusal of the record it appears that the informant is
Patna High Court Cr.Misc. No.2968 of 2015 (3) dt.02-04-2015 2/2 an eye witness of the occurrence and he made very specific allegation that the petitioner and Md. Jibrail fired on chest of his brother. On perusal of the post-mortem report, it appears that the deceased had three stitch wounds.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.
The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt/production of a copy of this order.
(Prabhat Kumar Jha, J.) KKSINHA/- U T