Sk. Buchai @ Kamaluddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65055 of 2018 Arising Out of PS. Case No.-73 Year-2017 Thana- MAJHAULIA District- West Champaran ====================================================== SK. Buchai @ Kamaluddin, S/o Sk Yakub, Resident of Village- Kadamawa, P.S.- Gopalpur, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-11-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Majhaulia P.S. Case No. 73/2017, instituted under Sections 302, 120(B) and 34 of the Indian Penal Code read with Section 27 of Arms Act. It is alleged in the written report that on the date of occurrence while the informant along with his brother Sk. Anwarul were returning from market, accused Sk. Bolar and Sk. Matlub abused the informant and told to kill them. Thereafter the informant and his brother started running away behind the tree but Sk. Matloob and Sk. Bolar fired upon them, which hit his brother who fell down on the ground sustaining injury. It is further alleged that other accused persons caught hold the brother of informant and this petitioner shot fire on the head of

Patna High Court Cr.Misc. No.65055 of 2018(3) dt.28-11-2018 2/2 brother of informant, who died on the spot.

Learned Addl. P.P. has submitted that in the postmortem report doctor has found head injuries on the person of deceased.

Learned counsel for the petitioner has relied on decision of this Hon'ble Court passed in case of Dharamnath Mishra Vs. State of Bihar reported in 2018(3) PLJR 57 and has submitted that in terms of aforesaid decision of Hon'ble Court, the informant cannot be said to be an eye-witness to the occurrence.

This Court finds that as per F.I.R. the petitioner is the main assailant in this case, who caused firearm injury to the brother of informant and he died on the spot. In view of such, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

The trial court is directed to expedite the trial. (Sanjay Priya, J) rakhi/- U T