Md. Afser v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54027 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- HABIBPUR District- Bhagalpur ====================================================== Md. Afser Son of Md. Abbas Resident of Village - Khilafatnagar, P.S.- Habibpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned counsel for the Informant as well as learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 324, 302 and 34 of the Indian Penal Code.

According to prosecution case, the informant in her statement stated that on 26.02.2021 Md. Afsar, who is a neighbor was used to threaten her husband to kill and her and ultimately the accused Md. Afsar killed her husband by knife with the help of other accused persons.

Patna High Court CR. MISC. No.54027 of 2021(4) dt.17-05-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the postmortem report of the deceased does not support the allegation as alleged in the F.I.R. and there is no eye witness has supported the case except the family member of the deceased. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Md. Abbas has been granted bail by a co-ordinate Bench of this Court vide order dated 23.02.2022 passed in Cr. Misc. No. 45043 of 2021. The petitioner is in custody since 27.02.2021.

The learned counsel for the Informant as well as learned A.P.P. have vehemently opposed the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner and petitioner carries one criminal antecedent other than the present one.

Vide order dated 05.04.2022 a report was called for with regard to the present stage of trial. Report reveals that out of eight charge sheeted witnesses four charge sheeted witnesses have been examined and the case is running for prosecution evidence.

Patna High Court CR. MISC. No.54027 of 2021(4) dt.17-05-2022 3/3 Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Habibpur P.S. Case No. 33 of 2021 pending in the court of learned Additional Chief Judicial Magistrate-IX, Bhagalpur.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial.

(Rajesh Kumar Verma, J) mdrashid/- U T