Md. Sultan Afri @ Md. Tinku @ Harami @ Md. Sultan Arfi @ Tinku v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55397 of 2021 Arising Out of PS. Case No.-183 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Sultan Afri @ Md. Tinku @ Harami @ Md. Sultan Arfi @ Tinku Son Of Md. Mustafa @ Mustafa Sipahi Resident Of Village- Nayatola, P.S.- Phulwarisharif, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivam For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2022 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Phulwari Saharif P.S. Case No. 183 of 2020, registered for the offence under Sections 341, 323, 379, 302, 504/34 of the Indian Penal Code. As per the F.I.R., this petitioner is alleged to have stabbed the brother of the informant on his abdomen and chest, as a result of which, he died.
It is submitted on behalf of petitioner that there is general and omnibus allegation and no specific overt act has been alleged against this petitioner. Petitioner is in custody since 11.01.2021.
However, learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.55397 of 2021(3) dt.29-01-2022 2/2 petition and submitted that petitioner is named in the F.I.R. and there is direct & specific allegation against this petitioner that he stabbed the deceased on his stomach & chest, as a result of which, he died.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.
(Prabhat Kumar Singh, J) anay/- U T