Md. Kasibul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36734 of 2024 Arising Out of PS. Case No.-146 Year-2022 Thana- BALIA BELON District- Katihar ====================================================== Md. Kasibul SON OF MD. KASIM VILLAGE- SOBANPUR, CHANDNI, CHOWK, PS- BALIA BELON, DIST- KATIHAR ... ... 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.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with S.T. No. 83 of 2023 arising out of Balia Belone P.S. Case No. 146 of 2022, instituted for the offence under Sections 302, 120(B)/34 of the Indian Penal Code.

3. As per allegation in the FIR, it is alleged that the petitioner along with co-accused, in a well planned conspiracy, committed murder of the informant's husband namely, Idrish by stabbing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case on the basis of suspicion. No one is eye witness of the alleged occurrence. The FIR has also been

Patna High Court CR. MISC. No.36734 of 2024(3) dt.05-07-2024 2/2 lodged in delay of four days as the occurrence took place on 21.11.2022 whereas, the FIR was lodge don 25.11.2022. It is further submitted that the petitioner is languishing in judicial custody since 20.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in the FIR who has specifically been alleged to commit murder of the informant's husband by means of knife. Postmortem report of the deceased also corroborates the prosecution case in which doctor opined the cause of death as Neurohaemorrhagic shock caused by sharp object. It is further submitted that the petitioner has got one criminal antecedent.

6. Having heard the learned counsel for the parties and considering the specific allegation of stabbing against the petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) amandeep/- U T