Patna High CourtCR. MISC./7243/2024bail rejected

Md. Safique @ Sahique v. The State Of Bihar

2024-04-09Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7243 of 2024 Arising Out of PS. Case No.-858 Year-2023 Thana- ARARIA District- Araria ====================================================== Md. Safique @ Sahique S/o Siddique R/o Vill - Araria Basti, Ward No. - 10, tola Bhangiya, P.S. - Araria, Dist. - 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.Kumar Veerendra Narayan, APP For the Informant :

Mrs. Kanchan Jha, Adv.

Mr.Madhav Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State and counsel for the informant.

2. The petitioner seeks regular bail in connection with Araria P.S. Case No.858 of 2023 lodged under Sections 341, 323, 307, 506 and 34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons against whom there is allegation that the petitioner has attacked by sword on the neck of the informant's father with a view to save his neck. When he tried to defend himself by his right hand then his hand was cut by him. When informant's father went to police station, then first of all, the police has intimated to take medical cure and then to lodge F.I.R..

Patna High Court CR. MISC. No.7243 of 2024(3) dt.09-04-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the contents of F.I.R., it transpires that the occurrence took place on 21.08.2023 and the F.I.R. has been lodged on 02.09.2023.

5. Counsel for the petitioner submits that petitioner is in custody since 06.09.2023 having 4 criminal antecedent in which he is on bail.

6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that petitioner's antecedent is not clean. He submits that the action done by the petitioner is brutal in nature and right hand of the informant's father was cut by him.

7. Learned counsel for the State opposes the prayer for bail and submits that the petitioner's antecedent is not clean and there are 4 criminal cases pending against him and this aspect may be taken into consideration.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

9. However, the trial court is directed to expedite the

Patna High Court CR. MISC. No.7243 of 2024(3) dt.09-04-2024 3/3 trial and conclude the same preferably within 4 months. If the trial shall not be concluded within the aforesaid period, the petitioner may renew his prayer for bail.

(Dr. Anshuman, J.) Prakashmani/- U T