Faiz Ahmad Khan @ Anjum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41309 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== FAIZ AHMAD KHAN @ ANJUM Son of Samim Ahmad Khan Resident of ward no. 05, Near Majid, Parna, P.S. - Neemchandpura, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Section 302, 102(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, on 2.2.2023 petitioner and five other accused persons, surrounded the husband of the informant and petitioner fired on his husband due to which bullet hit on his leg and accused Furan and Saiful Ansari fired on him due to which husband of the informant died on spot.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.41309 of 2023(4) dt.12-09-2023 2/3 petitioner that petitioner has been falsely implicated in this case due to political rivalry. Informant is not an eye witness to the occurrence. Informant has asserted in the fardbeyan itself that Sanjeev Kumar, Deepak Kumar and Sanjeet Kumar had witnesses the occurrence and they narrated her about the occurrence but in course of investigation none of the witnesses have supported the prosecution case. Petitioner has got no criminal antecedent and languishing in custody since 4.2.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is named in the FIR In para 33 and 34 of the case diary witnesses Sanjeev Kumar and Deepak Kumar have supported the prosecution case and disclosed that specific allegation of firing is against the petitioner. As per postmortem report, nine entry wounds and two exit wounds caused by fire arm were found on the body of the deceased.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his

Patna High Court CR. MISC. No.41309 of 2023(4) dt.12-09-2023 3/3 prayer for bail stands rejected.

7. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U