Mangla @ Sk Mangal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47040 of 2025 Arising Out of PS. Case No.-45 Year-2023 Thana- KORHA District- Katihar ====================================================== Mangla @ Sk Mangal S/O Sheikh Faizul @ Seikh Faimul R/O VillagePachma Milik, Ps-Korha,Distt-Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Korha P.S. Case No. 45 of 2023 dated 06.02.2023 registered for the offences punishable u/s 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the informant alleged that some altercation took place between the informant's husband and the petitioner and the petitioner threatened the informant's husband to kill him. Thereafter, when the informant was sleeping in her house along with her children and her husband was sleeping in the verandah of the house. Suddenly, the informant heard the sound of firing and woke up then she saw that the door of her room was closed from outside then she raised alarm, her brother-

Patna High Court CR. MISC. No.47040 of 2025(2) dt.13-08-2025 2/3 in-law, Md. Sarfaraz and Nisar came and they opened the door then she came out and saw that there was injury on the head of her husband and blood was oozing out. The informant's brother-inlaw, Sarfaraz went to bring tempo but by then her husband had died. The informant further alleged that due to previous altercation, the petitioner committed the murder of her husband by shooting him.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case merely on suspicion. There is no eye witness to the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.03.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the specific allegation against the petitioner is that he committed murder of the informant's husband by shooting him. After due investigation, police has submitted charge-sheet against the petitioner. Learned counsel has further submitted that witnesses of the case diary have fully supported the prosecution case.

6. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.47040 of 2025(2) dt.13-08-2025 3/3 the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.

7. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T