Patna High CourtCR. MISC./40252/2024bail rejected

Babar v. The State Of Bihar

2024-07-10Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40252 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- MANIHARI District- Katihar ====================================================== BABAR S/O LATE MAIMUL @ SHEIKH MAIMUL R/O VILAGEBALIA, P.S- MANIHARI, DIST.- KATIHAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Manihari P.S. Case No.207 of 2023 lodged under Sections 323, 324, 341, 307, 302,504, 506/34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against nine named accused persons including the petitioner against whom there is allegation that the petitioner has caught the deceased and then Md. Ansar attacked by Bhala due to which death has been caused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that charge-sheet has been filed, charge framed, trial commenced and since trial has been commenced, then no purpose shall be solved keeping the petitioner in custody.

5. Counsel for the petitioner submits that petitioner is

Patna High Court CR. MISC. No.40252 of 2024(2) dt.10-07-2024 2/2 in custody since 16.02.2024 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail.

7. Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is specific allegation in the F.I.R. that the petitioner has caught the informant's husband and he and other co-accused attached by Bhala on chest due to which he died.

8. Counsel further submits that the petitioner is influential person and if he shall be released then he shall create hurdle in the trial.

9. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner at present. Therefore, the bail application of the petitioner is hereby rejected, but liberty is hereby granted to the petitioner that he may renew his prayer for bail after 6 (six) months from today.

10. However, trial court is directed to expedite the trial.

(Dr. Anshuman, J.) Prakashmani/- U T