← Library
Patna High CourtCR. MISC./34772/2021bail rejected

Md. Sakib v. The State Of Bihar

2021-10-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34772 of 2021 Arising Out of PS. Case No.-183 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== MD. SAKIB Son of MD. FAHIMUDDIN KHAN Resident of VillageNayatola, Tajnagar, P.S.-Fulwarishariff, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have stabbed the deceased on his neck with knife. Learned counsel appearing for the petitioner submits that though the petitioner is alleged to have stabbed the deceased with knife on his neck but the doctor in the post mortem examination opined the cause of death of the deceased on account of injury found on the chest and abdomen. Petitioner is in custody since 13.03.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.34772 of 2021(4) dt.29-10-2021 2/2 prayer for bail and submits that petitioner is one of assailants of the deceased and there is direct and specific allegation against this petitioner that he stabbed the deceased on his neck with knife.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T