Md. Sanjar @ Sanjar Mallick @ Sanjar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59717 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- JAMUI District- Jamui ====================================================== MD. SANJAR @ SANJAR MALLICK @ SANJAR son of Md. Anwar Village- Azad Nagar Ps- Jamui Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Shankar Sharma For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, informant gave Rs. 50,000/- to hid brother deceased) to keep in house. At the same time four friends of his brother came there, and his brother went away with them with the said amount. It is further alleged that informant received a call that his brother has been shot down in front of the house of Dishu Mukhiya. On getting information, he went there and saw that two bullet injuries were present over the dead body of his

Patna High Court CR. MISC. No.59717 of 2023(5) dt.29-01-2024 2/3 brother.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Save and except last seen, nothing has come against the petitioner to show his complicity in the present case. Petitioner is languishing in judicial custody since 10.01.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is named in the FIR. At the instance of the petitioner, pistol, mobile and motorcycle used in the occurrence, were recovered, which is mentioned in para 22 of the case diary. Confessional Statement of the petitioner and other co-accused is in consonance with the prosecution case. FSL report corroborates the prosecution story. Doctor opined cause of death due to fire-arm injuries. During investigation, several witnesses have supported the case. It is further submitted by learned counsel for the informant that only two two prosecution witnesses are remained to be examined.

6. Having heard the learned counsel for the parties

Patna High Court CR. MISC. No.59717 of 2023(5) dt.29-01-2024 3/3 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.

7. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U