Shahil Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8599 of 2022 Arising Out of PS. Case No.-99 Year-2021 Thana- MAHARAJGANJ District- Siwan ====================================================== Shahil Khan S/o Late Binod Miyan R/o village- Nakhas Chowk, P.S.- Maharajganj, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Anupam For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Maharajganj P.S. Case No. 99 of 2021, registered for the offence punishable under Sections 302, 307 and other allied sections of the Indian Penal Code. As per the prosecution case, while the informant and his brother were going to market and when arrived near Sanskrit School, Railway gate then petitioner and three FIR named accused persons assaulted them with knife, as a result of which informant's brother died.

It is submitted on behalf of the petitioner that there is general and omnibus allegation of assault with knife. Though there is allegation of assault with knife against four persons, but only two injuries were found in the postmortem report.

Patna High Court CR. MISC. No.8599 of 2022(3) dt.16-05-2022 2/2 Petitioner is in custody since 27.07.2021 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific and direct allegation against this petitioner, as a result of which informant's brother died.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T