Md. Azam @ Azam v. The State Of Bihar

Patna High Court Cr.Misc. No.6152 of 2018 (4) dt.15-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6152 of 2018 Arising Out of PS.Case No. -249 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Azam @ Azam, son of Md. Rahman @ Rahman, Resident of Village- Ghurna Tola Bochi, Ward No. 1, P.S.- Araria (Bairgachhi), District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-03-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Araria (Bairgachhi) PS Case No. 249 of 2017 (S.T. No. 368 of 2017) registered under Sections 302 and 120B/34 of the IPC. The allegation in brief is that this petitioner stabbed the informant's husband causing his death.

Learned Counsel for the petitioner submits that the informant is not the eye witness and the eye witnesses present on the spot were not examined by the police.

Whereas learned Counsel for the State submits that the FIR itself indicates that the informant is eye witness and this petitioner stabbed informant's husband causing his death. Having considered the said facts and circumstances, the prayer for bail of the petitioner is rejected. Snkumar/- (Arun Kumar, J) U T