Afjal Mansoori v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12706 of 2022 Arising Out of PS. Case No.-139 Year-2020 Thana- BHELDI District- Saran ====================================================== Afjal Mansoori Son Of Rojaddin Resident Of Village And Post Office - Sarai Baksh, Police Station - Bheldi, District - Saran At Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shamimul Hoda For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366, 366(A), 379/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that in the night of 28.07.2020, the petitioner along with other five accused persons having arms in their hands entered into the house of the informant. It is further alleged that this petitioner, on the gun point opened the almirah of the informant and took out Rs. 2 lakhs cash and ornaments

Patna High Court CR. MISC. No.12706 of 2022(4) dt.07-02-2023 2/3 of about 10 lakhs value. It is further alleged that this petitioner and other co-accused persons kidnapped the minor daughter of the informant on gun point. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is languishing in custody since 07.08.2020. A statement has been made in para 3 of the petition that petitioner is accused in one other case filed by the same very informant. Learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner and submitted that there is specific accusation against the petitioner that he looted the cash and other articles from the house of the informant and abducted the minor girl of the informant. The petitioner was apprehended at Dehradoon along with the victim girl and thereafter the victim girl committed suicide. The independent witnesses have also supported the case of the prosecution.

Patna High Court CR. MISC. No.12706 of 2022(4) dt.07-02-2023 3/3 In the facts and circumstances of the case, this Court is not inclined to grant privilege of bail to the petitioner. The prayer for bail of the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T