Patna High CourtCR. MISC./27189/2020dismissed

Md. Taz v. The State Of Bihar

2020-12-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27189 of 2020 Arising Out of PS. Case No.-860 Year-2019 Thana- MASAUDHI District- Patna ====================================================== MD. TAZ Son of Sultan Mallik Resident of Village - Rahmatganj, P.O. and P.S.- Masaurhi, District - Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr. S. M. Rehman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Masaurhi P.S. Case No. 860 of 2019 instituted for the offences under Sections 302, 307, 34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case in short is that the accused persons fired indiscriminately due to which his brother died. It has been submitted on behalf of the petitioner that the petitioner is in custody since 5.12.2019. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.27189 of 2020(3) dt.01-12-2020 2/2 petitioner. Charge-sheet has been submitted in the present case. General and omnibus allegation of firing is alleged to have been made against the petitioner. No specific injury is attributed against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. Altogether 5 persons fired upon the deceased. The petitioner is also one of them who is alleged to have fired indiscriminately upon the deceased. Altogether four fire arms injuries were found on the body of the deceased that is the wound of entry. The petitioner is said to be one of the assailants.

Considering the same, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to conclude the trial at the earliest preferably within nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T