Md Ziaul Haque @ Md Zillani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9507 of 2021 Arising Out of PS. Case No.-393 Year-2019 Thana- RAJAON District- Banka ====================================================== MD. ZIAUL HAQUE @ MD. ZILLANI, Son of Late Abdul Jabbar, Resident of Village - Milki, Police Station - Nawada Bazar, District - Banka ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Md. Najmul Hodda, Advocate For the State :

Mr. Anuj Kumar Shrisvastava, APP For the Informant :

Mr. Chandrashekhar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in Rajaun (Nawada Bazar) P.S. Case No.393 of 2019, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. Allegation against the petitioner is that the petitioner along with other co-accused persons killed the daughter of the informant.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. It is further submitted that the police after investigation has submitted charge sheet against the petitioner under Section 306 of the Indian Penal Code. Petitioner is in custody since

Patna High Court CR. MISC. No.9507 of 2021(5) dt.21-10-2021 2/2 23.12.2019 and he has got no criminal antecedent as stated in paragraph 3 of the bail petition.

Learned counsel for the informant opposed the prayer for bail of the petitioner and submits that one of the sons of the deceased has supported the prosecution case.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.

The petitioner may renew his prayer for bail after framing of charge.

If the charge has already been framed against the petitioner, the learned court below is directed to enlarge the petitioner on bail on its own satisfaction.

(Anjani Kumar Sharan, J) Sanjay/- U T