← Library
Patna High CourtCR. MISC./7698/2020rejected

Tanjeer @ Tanjir v. The State Of Bihar

2020-05-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7698 of 2020 Arising Out of PS. Case No.-128 Year-2019 Thana- TERHAGACHH District- Kishanganj ====================================================== TANJEER @ TANJIR Son of Late Usman Resident of Village - Fulbari, P.S.- Terhagachh, Distt - Kishanganj, Distt - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-05-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Tedhagachh P.S. Case no. 128 of 2019 registered under sections 302, 307, 326 and other sections of the Indian Penal Code.

As per allegation in the F.I.R., 16 named accused persons including the petitioner herein, is stated to have come variously armed and it is stated that the petitioner gave a knife blow on the chest of the husband of the informant while co-accused Fakira gave a knife blow on the arm of the informant's husband as a result of which he died.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated because of admitted

Patna High Court CR. MISC. No.7698 of 2020(4) dt.29-05-2020 2/2 land dispute between the parties. In the F.I.R. it has been stated that all the accused persons assaulted the deceased. There is no dying declaration of the deceased. The petitioner has no criminal antecedent and is in custody since 3.9.2019. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner which is corroborated by the post mortem report, the Court is not inclined to enlarge the petitioner on bail and as such his application for bail stands rejected.

(Partha Sarthy, J) Bibhash/- U