Masik Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28379 of 2020 Arising Out of PS. Case No.-156 Year-2019 Thana- KASBA District- Purnia ====================================================== MASIK ALAM S/o Late Islam R/o Village- Malobita, P.S.- Dagaruwa, DistPurnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody since 23.08.2019 in connection with Kasba P.S. Case No. 156/2019 registered for the offences punishable under Sections 302/201 of the Indian Penal Code.
As per the prosecution case, while the Chaukidar was on patrolling duty, he found dead-body of a man aged about 30 years lying on sand. FIR has been lodged against unknown persons.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. The name of this petitioner transpired in the confessional statement of Bibi Gulista. It is further submitted that there is no eye witness to the
Patna High Court CR. MISC. No.28379 of 2020(4) dt.29-01-2021 2/2 occurrence. Chargesheet has already been submitted in this case. Petitioner is in custody since 23.08.2019.
However, learned A.P.P. appearing on behalf of the State vehemently opposed the bail application and submitted that during the course of investigation, it has come in paragraph No. 63 of the diary that on the disclosure made by this petitioner, blood-stained cloths of the deceased and other material have been recovered.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to this petitioner. It is, accordingly, rejected.
However, trial Court is directed to conclude the trial as early as possible.
(Prabhat Kumar Singh, J) Saif/- U T