Patna High CourtCR. MISC./43666/2024bail rejected

Md. Shanwaj @ Md. Shahnawaz @ Md. Sahanwaj v. The State Of Bihar

2024-07-20Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43666 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Md. Shanwaj @ Md. Shahnawaz @ Md. Sahanwaj Son Of Abdul Kasim Village- Digghi Katihar, P.S.- Mufassil (KATIHAR), Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Najeeb Ahmad, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mufassil P.S. Case No. 83 of 2023 dated 28.04.2023, lodged under Sections 302, 307, 326, 354B and 34 of the I.P.C.

3. As per the prosecution case, there are in total six named accused persons in this case and the allegation against the present petitioner is that he has stabbed knife blow in the stomach of the informant's son due to which he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner is in custody since 12.05.2023 having one criminal antecedent in which he is on bail. He further submits that bail petition of one co-accused, against whom there

Patna High Court CR. MISC. No.43666 of 2024(2) dt.20-07-2024 2/2 is same allegation has been rejected by this Court with certain observations. To other co-accused, bail has been granted by the Co-ordinate Bench of this Court.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that in the F.I.R., there is direct allegation against the present petitioner about stabbing the knife in the stomach of the informant's son, due to which death caused.

6. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and, therefore, his bail petition is hereby rejected.

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