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Patna High CourtCR. MISC./52523/2019bail rejected

Md. Ansur @ Ansur v. The State Of Bihar

2019-11-27Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52523 of 2019 Arising Out of PS. Case No.-579 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== MD. ANSUR @ ANSUR, Son of Md. Yunus, Male, aged about 29 years, Resident of Churakulli, P.S.- Gopalpur, Distt - Uttar Dinajpur (West Bengal) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bajarangi Lal For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 353, 333/34 of the Indian Penal Code and Section 27 of the Arms Act. Informant is the police inspector who in his written complaint has alleged that on 11.04.2018 at about 10 p.m. while he along with other police personnel was on night patrolling duty, at about 2 p.m. on 12.04.2018, he heard scream coming out from the jute godown and as the police party arrived there, criminal started fleeing away by jumping the boundary wall but in spite of warning given, they did not surrender and fired upon police and from their firing, one Hawaldar Bishwa Urawn was seriously injured and subsequently died. Three criminals were apprehended after chase who confessed the name of the

Patna High Court CR. MISC. No.52523 of 2019(3) dt.27-11-2019 2/2 petitioner and he was also subsequently apprehended and from possession of the petitioner, Rs.13,000/- was recovered. Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.

However, the court below is directed to expedite and conclude the trial within one year from the date of receipt/production of the copy of the order. (S. Kumar, J) Sanjay/- U T