Md. Sijo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16575 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -SALKHUA District- SAHARSA ====================================================== Md. Sijo, Son of Md. Kitabul @ Kutto, Resident of Village- Kanjri, Police Station- Beldaur, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar, Advocate. For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Salkhua P.S. Case No. 233 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 302, 379, 504, 506, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

There is allegation in the written report that while the brother of the informant was returning after closing his shop, on the order of Md. Wakil Hafiz, Md. Shafi fired, causing injury in the back of the brother of the informant. Md. Sijo (petitioner) fired with three nut causing injury on the head of the brother of the informant. The brother of the informant fell down and died. Thereafter, Md. Dilbar took out Rs.10,000/- from his pocket. Case diary has been received.

Patna High Court Cr.Misc. No.16575 of 2017 (3) dt.02-05-2017 2/2 The learned A.P.P. has submitted that in paragraphs 14, 15 and 16 of the case diary, the witnesses have supported the case of causing firearm injury by the petitioner to the brother of the informant.

The post mortem report is available in the case diary wherein doctor has found firearm injuries in the skull of the deceased. In fact, total eight injuries have been found on the person of the deceased caused by firearm.

In such circumstances, this Court is not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner stands rejected at this stage.

The trial court is directed to expedite the trial. (Sanjay Priya, J) S.Ali/- U T