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Patna High CourtCR. MISC./7100/2025bail rejected

Md. Azad v. The State Of Bihar

2025-05-08Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7100 of 2025 Arising Out of PS. Case No.-137 Year-2023 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Md. Azad S/o- Sohail Mansoori Resident of Fatehpur Chandni chowk PsIndustrial District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md.Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with ST No. 937 of 2023 arising out of Industrial P.S. Case No. 137 of 2023 instituted for the offences under Sections 302, 337 of the Indian Penal Code.

3. Prosecution case, in short, is that, police, on the basis of information reached at the place of occurrence and saw that an old man was lying at the spot and one woman was being beaten by this petitioner, and in the meantime, he was caught hold by the villagers. It is further alleged that both the injured man and woman were brought for treatment but both of them died during treatment.

Patna High Court CR. MISC. No.7100 of 2025(4) dt.08-05-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that petitioner was apprehended purely on the basis of suspicion and the death of the deceased was caused as a result of mob lynching on the suspicion of child thief. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.08.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that there is ample material against the petitioner in the case diary as also this petitioner was seen in CCTV footage committing the brutal double murder and therefore, the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case as also nature and gravity of offence, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

Patna High Court CR. MISC. No.7100 of 2025(4) dt.08-05-2025 3/3

8. Learned Trial Court is directed to expedite the trial. (Rudra Prakash Mishra, J) Alok Verma/- U T