Patna High CourtCR. MISC./60453/2022rejected

Wajir Sah v. The State Of Bihar

2023-04-06Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60453 of 2022 Arising Out of PS. Case No.-181 Year-2022 Thana- FALKA District- Katihar ====================================================== WAJIR SAH Son of Late Shahabuddin Sah @ Salauddin Sah Resident of Village - Bari Chatar, P.S.- Falka, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 26.05.2022, in connection with Falka P.S. Case No. 181/2022, F.I.R. dated 25.05.2022, for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code. According to prosecution case, the petitioner is alleged to have committed murder of the wife of the informant by strangulating her.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case only on the basis of suspicion. He further submits that the informant is not an eyewitness of the alleged occurrence.

Patna High Court CR. MISC. No.60453 of 2022(6) dt.06-04-2023 2/2 The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.

Vide order dated 22.03.2023, a report was called for with regard to the stage of the trial. Report dated 27.03.2023 of the learned Trial Court reveals that out of eleven prosecution witnesses, five prosecution witnesses have already been examined in the present case.

Considering the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Falka P.S. Case No. 181/2022, pending in the court of learned A.C.J.M.-III, Katihar.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial.

(Rajesh Kumar Verma, J) amit/- U T