Aftab @ Aftab Khan @ Md. Aftab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7862 of 2023 Arising Out of PS. Case No.-307 Year-2020 Thana- SULTANGANJ District- Patna ====================================================== AFTAB @ AFTAB KHAN @ MD. AFTAB Son of Md. Badru Miyan Resident of Village- Mandai, P.S.- Sultanganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Section 147, 148, 149, 341, 386, 302 of the Indian Penal Code and Section 27 of the Arms Act. It is a case of commission of murder by indiscriminate firing by the petitioner and his 5-6 other associates upon the informant's brother namely, Ziya Ahmad as a result of which he succumbed to gunshot injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. No specific allegation of firing is attributed against the petitioner. He is languishing in judicial custody since 12.08.2022.

Patna High Court CR. MISC. No.7862 of 2023(3) dt.01-05-2023 2/2 The application for bail is opposed by learned APP for the State and submitted that the allegation as mentioned in the FIR is corroborated by the postmortem report. As per postmortem report, several entry and exit wounds were found on the body of the deceased, which is mentioned in para 145 of the case diary. During investigation, several independent witnesses have supported the prosecution story.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U