Patna High CourtCR. MISC./23941/2016dismissed

Sheikh @ Sk Safi Ahmed v. The State Of Bihar

2016-08-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23941 of 2016 Arising Out of PS.Case No. -771 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sheikh @ Sk Safi Ahmed, son of Late Asarali resident of VillageJaysinghpur Tola- Retwa, P.S.- Tukrauliya District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2016 A supplementary affidavit has been filed on behalf of the petitioner, same may be kept on record.

Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 341, 323, 307, 324, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. Allegation is that due to land dispute a free-fight had taken place between the parties in which the deceased was assaulted on the back of the head by three persons including this petitioner.

It has been submitted on behalf of the petitioner that he is in custody since 12.2.2016. Chargesheet has been submitted against the petitioner. No allegation of tampering of witnesses is there against the petitioner. It is a case and counter case between the parties. In course of free-fight both sides have been injured. Both parties are of the same village and due to land dispute the alleged occurrence is said to have taken place. On behalf of the State and the informant, it is submitted that petitioner is named in the F.I.R and all the three persons,

Patna High Court Cr.Misc. No.23941 of 2016 (3) dt.05-08-2016 2/2 namely, Sk. Safi Ahmad (petitioner), Motiur Rahman and Sadre Alam, are said to have assaulted on the head of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Any how, learned court below at Sadar Motihari is directed to take necessary steps to expedite the trial in connection with Turkauliya P. S. Case no. 771 of 2015.

(Sudhir Singh, J) sudip/- U T