Patna High CourtCR. MISC./59180/2023rejected

Md. Manjoor @ Md. Manjoor Alam @ Manjoor Khan v. The State Of Bihar

2023-11-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59180 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== MD. MANJOOR @ MD. MANJOOR ALAM @ MANJOOR KHAN son of Md. Israel Village- Bengaipatti Hulas W.No- 5, Ps- Raghopur Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 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 147, 148, 149, 341, 323, 324 and 302 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner has assaulted the informant's father by means of axe blow and coaccused Md. Misrail assaulted him by means of spade blow as a result of which he received injuries over his head, neck and shoulder. Informant and other villagers took him to the hospital where doctor declared his brought dead.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. Both parties are agnates and there is case and

Patna High Court CR. MISC. No.59180 of 2023(3) dt.01-11-2023 2/2 counter case. Petitioner is languishing in judicial custody since 4.5.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant submitted that there is specific allegation of assault against the petitioner and Md. Mikail. Postmortem report corroborates the prosecution story. During investigation, several witnesses have supported the prosecution story. Bail petition of similarly situated other accused person, has already been rejected by this Court vide order dated 21.09.2023 passed in Cr. Misc. No. 52928 of 2023.

6. 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.

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

(Sunil Kumar Panwar, J) sushma/- U