Sahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43079 of 2016 Arising Out of PS.Case No. -341 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Sahabuddin son of Liyaquat Resident of village - Rampur, Ward No. 11, P.S. - Araria, Dist - Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-10-2016 Heard Sri Ramesh Kumar Singh, learned counsel for the petitioner, learned Additional Public Prosecutor as well as Sri Mukesh Kumar Rana, learned counsel who has voluntarily appeared on behalf of the informant.

The sole petitioner, who is in custody only since 31.7.2016 in Araria (Bairgachhi) P.S. Case No. 341 of 2016 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code was added has prayed for grant of bail primarily on the ground that there was case and counter case in between the parties. He submits that land dispute in between the parties is admitted which is evident from the F.I.R. itself. On aforesaid grounds a prayer has been made for grant of privilege

Patna High Court Cr.Misc. No.43079 of 2016 (2) dt.18-10-2016 2/2 of bail, whereas learned counsel appearing on behalf of the informant submits that from the petitioner's side F.I.R. was lodged belatedly whereas F.I.R. in the present case was lodged on the same date i.e. on the date of occurrence i.e. 9.6.2016. Be that as it may, keeping in view the nature of accusation and period of custody, at the moment I not inclined to extend the privilege of bail.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T