Junaid Khan @ Junaud Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28911 of 2018 Arising Out of PS. Case No.-172 Year-2017 Thana- RAGHUNATHPUR District- Siwan ====================================================== Junaid Khan @ Junaud Hasan S/o Late Adalat Khan @ Late Adalat Hussain Khan, R/o Vill.- Salempur, P.S.- Raghunathpur, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Raghunathpur P.S. Case No.172 of 2017 registered under Sections 448, 120-B, 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation in brief is that while the informant's father was at his home in the evening the accused persons came and petitioner is said to have been shot in the chest causing death. Learned counsel for the petitioner gives much emphasis that the informant is not the eye witness rather he received information from the family members on mobile and thereafter he reached and lodged the case next day and case was not instituted in the evening itself and there is a land dispute in

Patna High Court Cr.Misc. No.28911 of 2018(6) dt.19-07-2018 2/2 between the petitioner and the informant side and on account of that false implication was made; whereas the learned counsel appearing on behalf of the state submits that the very next morning the case was instituted and rest other witnesses present in the house have seen the occurrence and according to them the petitioner is the main assailant.

Having considered the aforesaid facts and circumstances, as the accusation is very specific against the petitioner, so at this stage the court is not persuaded to grant him bail. Accordingly, the prayer of bail of the petitioner is rejected. However, the trial court is directed to expedite the trial.

(Arun Kumar, J) S.KUMAR/- U T