Salauddin @ Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57626 of 2024 Arising Out of PS. Case No.-843 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Salauddin @ Thakur son of Late Juman Khan Village- Piuni Bag, Baswariya, ps- Bettiah Town, Dist- West champaranu ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Adv.

For the State :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Bettiah (Town) P.S. Case No. 843 of 2023 for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per allegation, fourth son of the informant namely, Afsar Hashmi went out from his house. Thereafter, the informant heard that someone had made him injured by inflicting knife blows. Afsar Hashmi was brought to the hospital where he was declared as dead. It has also been mentioned in the FIR that all these three co-accused persons surrounded the deceased and the petitioner, Salauddin @ Thakur inflicted knife blows on the deceased. The deceased disclosed this fact to his brother Md. Asaraf Hashmi.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.57626 of 2024(3) dt.27-09-2024 2/2 that the informant is a hearsay witness. As a matter of fact, none had seen the occurrence and the presence of the named accused persons including the petitioner at the spot was merely as spectators. He has also submitted that the petitioner is a person of clean antecedent.

6. On the other hand, the learned APP has opposed the prayer for bail and submitted that the deceased in injured condition narrated the entire fact to his brother Md. Asaraf, whose statement has been recorded in paragraph no. 8 of the case diary, in which, he has fully corroborated the occurrence. The petitioner is the main assailant and prayer for bail of the coaccused Nanhe @ Shahid Ail @ Shahil Ali has already been rejected today itself in Cr. Misc. No. 45348 of 2024 who is alleged to have surrounded the deceased along with the coaccused Naushad Ansari.

7. Considering the above-mentioned facts and circumstances as also the fact that the petitioner is main assailant, I do not think it to be a fit case for bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) A.K.V.//- U T