Shekh Sonu @ Md. Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16887 of 2024 Arising Out of PS. Case No.-142 Year-2023 Thana- MANIHARI District- Katihar ====================================================== SHEKH SONU @ MD. SONU S/O SHEKH MEHNDI R/O VILLAGEBAULIYA GUMTI, P.S- MANIHARI, DISTT.- KATIHAR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Jha For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Manihari P.S. Case No. 142 of 2023, S.T. No. 671 of 2023 , G.R. No. 3638 of 2023 registered for the offences punishable under Sections 302 and 34 of the IPC.
3. As per prosecution case, petitioner and others are said to have concertedly assaulted and abused informant and his family member. It is further alleged that Petitioner, Sekh Sonu, is said to have stabbed informant's father upon the chest as a result of which he sustained injury and died during the course of treatment.
4. Learned counsel for the petitioner submits that petitioner is in custody since 22.06.2023 and bears no criminal
Patna High Court CR. MISC. No.16887 of 2024(3) dt.19-04-2024 2/3 antecedent. He further submits that co-accused Tubhiya Khatoon has already been granted bail vide Cr. Misc. No. 77309 of 2023 by this Court and the case of the present petitioner stands more or less on similar footing. He further submits that petitioner himself surrendered before the trial court on 22.06.2023. He further submits that occurrence took place on 20.06.2023 and FIR has been lodged on 21.06.2023 which proves that prosecution story is doubtful.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that case of present petitioner is different from the co-accused Tubhiya Khatoon who has been granted bail. He further submits that there is specific allegation against the petitioner to stab the informant's father and the same is supported by the postmortem report as mentioned in the impugned order.
6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with postmortem report and also taking into consideration the material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of petitioner is hereby rejected.
7. However, the learned trial court is directed to
Patna High Court CR. MISC. No.16887 of 2024(3) dt.19-04-2024 3/3 expedite the trial and conclude the same as early as possible. (Alok Kumar Pandey, J) vashudha/- U