Md. Jafar @ Jafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62425 of 2022 Arising Out of PS. Case No.-265 Year-2022 Thana- BAISI District- Purnia ====================================================== 1.

Md. Jafar @ Jafar S/O Abdul Bari @ Gaitha, R/V- Tarabari, P.S.- Baisi, District- Purnea 2.

Jakki @ Md. Jaki Ahmad @ Jaki Ahmad S/O Nazir @ Imam Nazir, R/VLautiyabari, P.S.- Baisi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agarwal, Sr. Advocate Mr. Mazher Alam, Advocate For the Informant :

Mr. Vikramdeo Singh, Advocate Mr. Mahzer Karim, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Baisi P.S. Case No. 265 of 2022 lodged under Sections 302, 120(B) and 379/34 of the I.P.C.

As per prosecution, the case has been lodged against 17 named accused persons that they have created a plan and at the time of panchayati, attacked by deadly weapons by which two persons died.

Patna High Court CR. MISC. No.62425 of 2022(2) dt.25-02-2023 2/3 Learned counsel for the petitioners submits that the present petitioners are Jafar and Jakki. From the content of F.I.R., it transpires that the allegation against Jakki is that Jakki alongwith Saddique (co-accused) has attacked on Munajir on his head and chest by sword. Counsel further submits that the allegation against Jaffar is alongwith Laltu (co-accused) that they attacked to the husband of informant by Gupti (a type of weapon which makes penetrative wound) and iron rod on the neck and hydrocele. Both injured by Jaffar with Laltu and by Jakki with Sadique died. Counsel further submits that the antecedent of the petitioner no.1 is clean and against petitioner no.2, there is two criminal cases pending in which he is on bail. Counsel further submits that petitioners are in custody since 03.07.2022 and charge sheet has already been submitted. Learned counsel for the State opposes the prayer for bail.

Counsel for the informant vehemently opposes the prayer for bail and submits that from the post mortem report, there are multiple injuries total about 25 to 30 injuries were found on the body of the deceased and it is a case of double murder.

In the present facts and circumstances of this case and

Patna High Court CR. MISC. No.62425 of 2022(2) dt.25-02-2023 3/3 the submissions made above, I am not inclined to grant bail to the petitioner, therefore, bail petition of the petitioner is hereby rejected.

Trial Court is directed to conduct the trial expeditiously and preferably within 9 months from the date of framing of charge.

(Dr. Anshuman, J.) ravishankar/- U T