Mahboob Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43362 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- BARHARIA District- Siwan ====================================================== MAHBOOB ALAM Son of Zamirul Haque Resident of Village -Kudwa, P.S.- Barharia, Distt - Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Adv.
Mr. Ajay Kumar Pandey, For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Barharia P.S. Case No. 36/2019, S.Tr. No. 222/2019, instituted for offences under Section(s) 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was also added.
It is alleged in the written report that on the date of occurrence petitioner along with other accused persons arrived at the door of informant and started assaulting him. It is further alleged that Mahfooz Alam (son of informant) and Abbas Mian came for intervention. During course of intervention petitioner gave stab blow in the stomach of Mahfooz Alam on account of
Patna High Court CR. MISC. No.43362 of 2019(3) dt.01-08-2019 2/2 which he fell down and subsequently died during course of treatment.
Post-mortem report is available in case diary, wherein doctor has found incised wound on the neck of deceased. Cause of death has been opined due to aforementioned injury caused by sharp object.
Considering the fact that there is direct allegation against this petitioner, this Court is not inclined to grant bail to petitioner. Accordingly, prayer for bail of petitioner is rejected. The trial court is directed to expedite the trial. (Sanjay Priya, J) rakhi/- U T