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Patna High CourtCR. MISC./66063/2021bail rejected

Md. Tarique v. The State Of Bihar

2022-04-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66063 of 2021 Arising Out of PS. Case No.-35 Year-2021 Thana- BHAWANIPUR District- Purnia ====================================================== Md. Tarique S/O Areef Kha R/O Village- Chhoti Bhandsar, P.S.- Bhawanipur, District- Purnea ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks regular bail in registered for the offences punishable under sections 302/34 and other allied sections of the Indian Penal Code.

As per the prosecution case, petitioner and and his two associates Md. Mehtab and Md.Surja killed the father of the information by strangulation by putting towel around his neck. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 22.7.2021.

Patna High Court CR. MISC. No.66063 of 2021(3) dt.15-04-2022 2/2 Learned counsel for the State and the informant oppose the prayer for bail and submit that petitioner is named in the FIR with allegation of causing death of father of informant which has been supported by witnesses during investigation. Post mortem report also supports the prosecution case. Considering the nature of accusation and materials available on the records against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T