Md. Fajwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16475 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- MANSAHI District- Katihar ====================================================== Md. Fajwa S/O Late Jamal Miyan R/O Hawa Mahal, PS- Katihar Muffasil, Distt- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-05-2025 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Mansahi P.S. Case No. 126 of 2024, registered for the offences punishable under Sections 103, 3(5) of the BNS.
3. As per the allegation, on 02.12.2024, the informant's younger brother (since deceased), were taken away by the accused persons from his home and after some time, his dead body was found at Krishnagar orchard.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that there is no eyewitness of the occurrence, and the witness who claims to be an eyewitness is merely a passerby.
Patna High Court CR. MISC. No.16475 of 2025(3) dt.12-05-2025 2/2
5. On the other hand, the learned counsel for the informant and the learned APP for the State have opposed the prayer for bail and submitted that the deceased was a boy of 15 years of age. The accused persons had involved the deceased in criminal acts in which they were dealing with. It has also been submitted that, in paragraph no. 100 of the case diary, the eyewitness, who had seen the occurrence, has categorically stated that the petitioner and other named accused persons were badly assaulting the deceased, which is corroborated by the post-mortem report, as injuries were found on the person of the deceased.
6. Considering the above-mentioned facts and circumstances as well as the gravity of the allegation, I do not think it to be a fit case for bail, which is hereby rejected. (Nawneet Kumar Pandey, J) Nirmal/- U T