Azad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66432 of 2018 Arising Out of PS. Case No.-334 Year-2017 Thana- MAJHAULIA District- West Champaran ====================================================== Azad Alam S/o Amin Mian Resident of Village-Bhatwalia, P.S. Majhaulia, Distt.-West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar No.III, Adv.
For the Opposite Party/s :
Mr.Sri Jitendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2019 Heard learned counsel for petitioner and learned counsel for the State.
The petitioner, who is in custody, seeks bail in connection with Majhaulia P.S. Case No. 334 of 2017 registered for the offences punishable under Sections 307, 302, 324/34 of the Indian Penal Code.
Informant is father of deceased who in his fardbeyan has stated that on 01.09.2017 at 6:30 morning he was sleeping when his wife told that on the roof their son Abdul Farque had quarrel with Azad Alam (petitioner) and his two sons Ashfaque Alam and Ashique Alam and Chulla for preparation of food has been broken. He went and resolved the dispute and all came down and went to their house. After some time Azad Alam (petitioner) came with knife and stabbed his son Abdul Faruqe on his back. Asfaque Alam also came and stabbed him on his back and Ashique Alam thrashed his son and injured him by assaulting by fist. His son Abdul Farque became unconscious and villagers assembled there and he was taken to
Patna High Court Cr.Misc. No.66432 of 2018(4) dt.21-01-2019 2/2 hospital where he succumbed to his injuries.
Considering the facts and circumstances that there is direct allegation against the petitioner of stabbing deceased and same is corroborated by postmortem report as well as eye-witness have supported the allegation made against petitioner during investigation, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected. (S. Kumar, J) Rajiv/- U T