Sahnawaj @ Chand Babu @ Md. Shahnawaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10306 of 2025 Arising Out of PS. Case No.-135 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== Sahnawaj @ Chand Babu @ Md. Shahnawaj Son of Late Mohamad Kudus Resident of Village - Manpura, P.S. - Dariyapur, District - Saran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate Mr. Tribhuwan Narayan, Advocate For the Informant :

Mr. Ajay Kumar Singh No.1, Advocate For the State :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

02. In the present case, the petitioner seeks bail in connection with Dariyapur P.S. Case No. 135 of 2024 registered for the alleged offences under Sections 341, 323, 324, 307, 302, 504, 506 of the Indian Penal Code.

03. As per prosecution case, petitioner and his wife entered into the house of the informant and assaulted the wife of the informant and when son of informant came for her rescue, the petitioner stabbed him. Subsequently, the son of the petitioner succumbed to his injuries.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is the brother of the informant and they reside in a

Patna High Court CR. MISC. No.10306 of 2025(4) dt.02-07-2025 2/2 common joint house. In the family dispute, scuffle took place and the son of the informant received injuries. The postmortem report shows only one injury was found on the person of the deceased and this shows there was no repeated blow of knife. The coaccused-Gulshan Jahan has been granted anticipatory bail by this Court vide order dated 18.12.2024 passed in Criminal Misc. No. 67220 of 2024. The petitioner is in custody since 01.05.2024 and charge-sheet has been submitted. The petitioner is having antecedent of one case and he is on bail in that case.

05. Learned APP for the State as well as learned counsel for the informant oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that specific allegation against the petitioner is that he stabbed the son of the informant who succumbed to his injuries and the postmortem report corroborates this fact.

06. Having regard to the specific and serious nature of allegation against the petitioner for stabbing the son of the informant to death, I am not inclined to grant bail to the petitioner and hence, his prayer for bail is rejected. (Arun Kumar Jha, J) Ashish/- U T