Patna High CourtCR. MISC./53128/2017rejected

Md. Irshad @ Irshad Alam v. The State Of Bihar

2017-12-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53128 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Md. Irshad @ Irshad Alam, Son of Shakoor @ Muli Sakoor, Resident of Village- Damodarpur, Police Station- Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kanti P.S.Case No.53 of 2017 registered under Sections 147, 148, 149, 341, 342, 323, 324, 307, 302, 120(B) of the Indian Penal. Petitioner along with other accused persons are said to have stabbed to death son of the informant, namely, Md. Firdaus and also stabbed his another son, Afroz.

It is submitted by learned counsel for the petitioner that the allegation levelled against him is not specific rather omnibus. The petitioner has been falsely implicated in this case due to animosity. He has been languishing in custody since 18.03.2017.

Patna High Court Cr.Misc. No.53128 of 2017 (3) dt.12-12-2017 2/2 From perusal of the records, it appears that injured Md. Afroz has stated that the petitioner has stabbed to death his brother and when he rushed in his rescue, he also stabbed him. Besides the victim other witnesses have also stated about assaulting the aforesaid deceased and the victim by the petitioner by means of dagger.

As the petitioner happens to be assailant, I am not inclined to enlarge the petitioner on bail. The learned Court below is directed to conclude the trial as early as possible preferably within six months from the date of receipt / production of copy of this order.

(Prakash Chandra Jaiswal, J) Sanjeev/- U T