Patna High CourtCR. MISC./32853/2024dismissed

Md. Jashim @ Jasim @ Md. Jasim v. The State Of Bihar

2024-09-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32853 of 2024 Arising Out of PS. Case No.-278 Year-2022 Thana- PALASI District- Araria ====================================================== Md. Jashim @ Jasim @ Md. Jasim Son of late Aklil @ Aklim R/O Vill.- Shyampur ward no. 12, P.S.- Palasi, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 341, 323, 324, 307, 354B, 379, 504, 506/34 of the Indian Penal Code and later on Section 302 of the I.P.C. was added.

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have assaulted the brother of the informant. Later on he died during the course of treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that there is allegation that co-accused Md. Rojid and the petitioner

Patna High Court CR. MISC. No.32853 of 2024(4) dt.13-09-2024 2/2 assaulted the informant's brother. He further submits that the petitioner is languishing in custody since 02.02.2024. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that it is clear from the postmortem report that the petitioner and co-accused Md. Rojid assaulted the deceased by means of iron rod. He further submits that the postmortem report has supported the prosecution case.

6. Considering the facts and circumstances of the case, the Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer of regular bail of the petitioner is hereby rejected in connection with Palasi P.S. Case No. 278 of 2022.

(Anjani Kumar Sharan, J) anand/- U T