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Patna High CourtCR. MISC./42742/2023bail rejected

Md. Sonu Alam @ Sonu @ Md. Sonu v. The State Of Bihar

2023-08-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42742 of 2023 Arising Out of PS. Case No.-13 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Md. Sonu Alam @ Sonu @ Md. Sonu Son Of Md. Allauddin Sah, Resident Of Village - Bheriahi Soti, P.S.- Kanti, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.Tr. No. 239 of 2023 arising out of Muzaffarpur Town P.S. Case No. 13 of 2021 dated 07.01.2021 lodged under Sections 302 and 394 of the I.P.C. read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that bail application of the petitioner has been earlier rejected vide order dated 11.10.2022 passed in Cr. Misc. No. 26546 of 2022. Counsel further submits that petitioner is in custody since 03.01.2022, charge has already been framed in this case and case is pending for prosecution evidence.

4. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.42742 of 2023(3) dt.16-08-2023 2/2 for bail and submits that in the earlier order dated 11.10.2022, it has been acknowledged by this Court that under Section 164 of Cr.P.C. before the Magistrate it has come that the present petitioner fired gun shot in the head of the deceased in his presence.

5. In this view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail petition of the petitioner is hereby rejected.

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