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Patna High CourtCR. MISC./13991/2021bail rejected

Md Faiyaz Alam @ Faiyaz v. The State Of Bihar

2021-08-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13991 of 2021 Arising Out of PS. Case No.-264 Year-2020 Thana- KOCHADHAMAN District- Kishanganj ====================================================== MD FAIYAZ ALAM @ FAIYAZ S/O RAHID ALAM R/O VILLAGEPATKOI KHURD, P.S KOCHADHAMAN DISTRICT KISHANGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 120B and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the petitioner is stated to have assaulted the daughter of the informant with a knife. It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. The petitioner has been falsely implicated in the case because of oblique reason. The informant is not an eye witness to the occurrence. The petitioner is in custody since 27.10.2020 and investigation in the case has concluded.

Heard learned A.P.P. for the State.

Patna High Court CR. MISC. No.13991 of 2021(3) dt.04-08-2021 2/2 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the direct allegations made in the F.I.R. against the petitioner being supported by the victim-daughter of the informant in her statement under section 161 Cr.P.C. as also the injury report wherein stab wounds have been found on the neck and scalp of the victim, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. In the facts and circumstances of the case, especially in view that the nature of injury found is stated to be simple in nature, the petitioner may renew his prayer for bail, if there is no substantial progress in the learned trial court, after six months of receipt of a copy of this order in the learned court below. (Partha Sarthy, J) Saurabh/- U T