Patna High CourtCR. MISC./41855/2023rejected

Md. Mokim v. The State Of Bihar

2023-08-22Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41855 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- THAKURGANJ District- Kishanganj ====================================================== MD. MOKIM SON OF MD. ALAM @ ALAM RESIDENT OF VILLAGEBAIRIAGACHH, PS- THAKURGANJ, DIST- DISHANGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 24.10.2022 seeks bail, in connection with Thakurganj P.S. Case No.180/2022, dated 23.10.2022, for the offences punishable under Sections 302, 120(B) and 34 of the IPC.

3. According to prosecution case, the petitioner is alleged to have assaulted so many times to the father of the informant with stick with intention to kill, due to which he died during course of treatment.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case due to admitted land dispute. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence.

Patna High Court CR. MISC. No.41855 of 2023(3) dt.22-08-2023 2/2

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he assaulted the informant's father with the stick, resulting into his death. He further submits that the inquest report as well as the postmortem report also supports the allegation as alleged in the F.I.R. and the witnesses in paragraphs no. 8, 11, 12, 20, 33 and 34 of the case diary also supports the allegation as alleged in the F.I.R.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Thakurganj P.S. Case No.180/2022 , pending in the court of learned Additional District and Sessions Judge-III, Kishanganj.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T