Abdul Hannan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68353 of 2022 Arising Out of PS. Case No.-290 Year-2022 Thana- KORHA District- Katihar ====================================================== 1.

Abdul Hannan, S/o Late Md. Ali, R/o Sahariya, P.S.- Barari, Distt- Katihar. 2.

Md. Habibur Rahman, S/o Abdul Hannan, R/o Sahariya, P.S.- Barari, DisttKatihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-05-2023 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, if any, be removed within a period of four weeks from today. The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with Korha P.S. Case No. 290 of 2022 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. The allegation against petitioners is to commit murder of brother of informant alongwith other co-accused persons/family members/relatives by causing bodily injuries, where occurrence is founded over previous dispute.

Patna High Court CR. MISC. No.68353 of 2022(3) dt.03-05-2023 2/3 It is submitted by learned counsel appearing on behalf of the petitioners that informant is not the eye witness of the occurrence and entire allegation is based upon on the basis of suspicion. It is also pointed out that petitioner no. 1 is father-inlaw and petitioner no. 2 is brother-in-law of the deceased and there has been no occasion for petitioners to commit the murder of brother of informant. It is also submitted that dead body was also recovered from the open place, which is accessible by general public and is also not appears to be connected in any manner with petitioners. While concluding arguments, it is submitted that petitioners are men of clean antecedents.

Learned APP, while opposing the prayer of bail submitted that the daughter of deceased during the course of investigation supported the occurrence. It is also submitted that she appears to be an eye witness of the occurrence as on the fateful night, she found both petitioners assaulting the deceased and also to take him away outside the house, where in morning she came to know from informant that her father was killed.

Patna High Court CR. MISC. No.68353 of 2022(3) dt.03-05-2023 3/3 occurrence and were found assaulting the deceased and also took him away outside from his house, prayer of anticipatory bail of the petitioners are rejected herewith. The presence of Investigating Officer is dispensed with.

(Chandra Shekhar Jha, J) veena/- U T