Md. Khilkur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27412 of 2020 Arising Out of PS. Case No.-265 Year-2020 Thana- KHAGARIA District-Khagaria ====================================================== Md. Khilkur Rahman, Son of Md. Jiyaur Rahman, Resident of Village - Jalkaura, P.S.- Khagaria, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-11-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing. The learned counsels are appearing and making submissions from their residence.The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Khagaria (Gagour) P.S. Case No.265 of 2020, G.R. No.976 of 2020, registered for the offence punishable under Sections 147/148/149/323/506/504/379/307 of the I.P.C. and

Patna High Court CR. MISC. No.27412 of 2020(3) dt.25-11-2020 2/3 Section 27 of the Arms Act, which is pending in the court of learned Chief Judicial Magistrate, Khagaria.

It is the prosecution case that the petitioner along with other co-accused persons have dragged the informant to the Chowk. The petitioner is alleged to have assaulted him with iron rod on his head.

It is submitted by the petitioner's counsel that the petitioner's implication is on account of pre-existing land dispute. There is a case and counter case between the parties and that the injury report is from a private Doctor. Learned APP for the State draws the attention of this Court to the case diary, wherein the allegation of assault by iron rod on the head of the informant stands corroborated. The petitioner is said to be in custody now since 03.04.2020.

Considering the rival submissions and the fact that it is the petitioner who is alleged to be the assailant, this Court, for the present, is not inclined to allow the petitioner's prayer for bail. The same is rejected. This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc.

Patna High Court CR. MISC. No.27412 of 2020(3) dt.25-11-2020 3/3 within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) PNM U T