Nazruddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54888 of 2022 Arising Out of PS. Case No.-195 Year-2019 Thana- BARHARIA District- Siwan ====================================================== Nazruddin Ansari Son Of Jalil Ansari @ Jalil Miya R/O Village- Kaparpura Arna Bazar, P.S.- Uchkagaon, District- Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code.

As per allegation in the FIR, petitioner assaulted the father of informant by means of knife, on his chest, due to which he succumbed to injuries.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this. There is neither any allegation of repeated blow against the petitioner nor any eye witness of the alleged occurrence.

Patna High Court CR. MISC. No.54888 of 2022(3) dt.09-02-2023 2/2 Petitioner is in judicial custody since 27.07.2022. Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that there is specific overt act of allegation against the petitioner of stabbing by means of knife on the chest of informant's father, namely, Kailanji Sah, due to which he succumbed to injury. In postmortem report, cause of death was due to hemorrhage and shock due to injuries caused by sharp edged weapon. During investigation, witnesses also supported the prosecution case. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Learned trial court is directed to expedite the trial and conclude the same expeditiously.

(Sunil Kumar Panwar, J) nirajkrs/- U T