Ashahar Rahman @Anshu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25065 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== 1.

Ashahar Rahman @ANSHU Son Of Late S.M. Parwez Akhtar Resident Of Village- Lakshminiya, Police Station- Baliya, District- Begusarai 2.

Injamamul Haque @ Kamran Son Of Shamsul Haque, Resident Of VillageBaikunthwa, Police Station- Darpa, District-East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 307, 354D, 341, 323 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the accused persons are stated to have come and assaulted the brother of the informant with the butt of the pistol on his head. Thereafter they fired in the air. The informant states that they somehow managed to escape along with general public.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No such occurrence as alleged took place. The same is

Patna High Court CR. MISC. No.25065 of 2021(3) dt.20-12-2021 2/2 also confirmed from the CCTV footage of the relevant place. The petitioners are in custody since 4.1.2021 without being put on T.I. parade. It is further submitted that the petitioners are due to appear in a competitive examination and thus they may be enlarged on bail.

Heard learned A.P.P. for the State.

A report was called for from the learned trial Court. As per the report received contained in letter dated 27.11.2021, five witnesses have been examined on behalf of the prosecution and the evidence has been closed. The statement of the accused under section 313 Cr.P.C. has been recorded and the case is pending for final argument.

In view of the facts of the case, the allegations in the F.I.R. and progress in trial in the learned trial Court as reflected from the above report dated 27.11.2021, the Court is not inclined to enlarge the petitioners on bail and the application is rejected.

Learned trial Court is directed to expedite the trial and conclude the same within a period of three months from the date of receipt of a copy of this order.

Bibhash (Partha Sarthy, J) U