Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43839 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -THAWE District- GOPALGANJ ====================================================== Aftab Alam, Son of Late Jamil Ahmad, resident of Bara Jagmalwa, P.S. Thawe, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Ranjeet Kumar Pandey, Advocate For the S t a t e : Mr. S.M. Rahman, APP For the Informant : Mr. Md. Anis Akhtar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State as well as the learned counsel appearing for the informant.

The petitioner is in custody since 03.04.2017 in connection with Thawe P.S. Case No.09 of 2017 registered for the offence under Sections 147, 148, 149, 341, 323, 447, 504, 379 and 302 of the Indian Penal Code.

The allegation against the petitioner is that he had attacked the mother of the informant on the head leading to injury, which finally caused her death.

Learned counsel for the petitioner submits that such allegation having been attributed to the petitioner is wholly false and one co-accused Adam Ali has since been exonerated of the

Patna High Court Cr.Misc. No.43839 of 2018 (3) dt.14-08-2018 2/2 charges and he has not been sent up for trial. He thus submits that the petitioner may be extended the privilege of bail. Diary in the present case was called for, which has since been received.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that there is sufficient material in the case diary to implicate the petitioner. Learned counsel for the informant also submits that the petitioner may not be extended the privilege of bail as there is specific allegation against him and it was on account of the injury caused by the present petitioner that the mother of the informant died.

Having heard learned counsel for the parties and on consideration of such facts and circumstances, the prayer for bail made on behalf of the petitioner is rejected. Let the trial of the case be expedited.

(Anjana Mishra, J) PNM U T