Md Nisar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25421 of 2022 Arising Out of PS. Case No.-94 Year-2021 Thana- HABIBPUR District- Bhagalpur ====================================================== Md Nisar, Son of Md. Mustaqeem Resident of Village - Kabirpur, P.s.- Nathnagar (Madhusudanpur), Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP For the informant :

Mr. Rajeev Ranjan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner, the State and the learned counsel for the informant.

The petitioner is in judicial custody in connection with Habibpur P.S. Case No.94 of 2021 instituted under Sections 302/34 of the Indian Penal Code and Section 25(1-b) a / 26 / 27 of the Arms Act.

In this case, case diary was called for which has since been received.

As per the FIR, it is alleged that on the Friday night there was some dispute relating to the 'Bhatha' and the motorcycle for which they were sitting in a school and it is further alleged that as the talks were progressing the accused Md. Nesar and Md. Fatah Khan suddenly started assaulting whereafter it is alleged that both of them opened fire causing immediate death of the informant's son.

Patna High Court CR. MISC. No.25421 of 2022(3) dt.29-09-2022 2/2 Considering the direct allegation against the petitioner that has come in the matter, this Court is not inclined to grant him bail, and the same is accordingly rejected. Learned counsel for the informant submits that the Trial is already on and four witnesses have been examined, the Trial Court should take steps for expeditious completion of the Trial.

(Rajiv Roy, J) Prakash Narayan /- U T