Patna High CourtCR. MISC./70276/2023rejected

Md. Saddam @ Md. Tousif @ Md. Tausif @ Md. Haddam v. The State Of Bihar

2023-12-01Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70276 of 2023 Arising Out of PS. Case No.-452 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== Md. Saddam @ Md. Tousif @ Md. Tausif @ Md. Haddam Son Of Md. Kousar @ Md. Arshad Resident Of Mohalla- Pathan Toli, Kallu Ka Dhaba Ke Makan Ka Kirayadar, Ps- Alamganj, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-12-2023 Heard Mr.Raj Krishna Jha, learned counsel for the petitioner and Mr.Akhileshwar Dayal, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 02.08.2021 in connection with Alamganj P.S.Case No.452 of 2021, F.I.R. dated 26.07.2021 registered for the offences punishable under Sections 302, 120(B), 34 of the IPC and 27 of the Arms Act.

3. Earlier the prayer for bail of the petitioner was refused vide order dated 23.02.2023 passed in Cr. Misc. No.52265 of 2022.

4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.70276 of 2023(3) dt.01-12-2023 2/2 present case and nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence. Further submits that there is no chance of early conclusion of the trial in near future and the petitioner is in custody since 02.08.2021.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that on the basis of the confessional statement of the petitioner, knife has been recovered and the postmortem report also supports the allegation levelled against the petitioner.

6. Considering the aforesaid fact, I am not inclined to enlarge the petitioner on bail in connection with Alamganj P.S.Case No.452 of 2021, pending in the court of learned J.M.- 1st Class, Patna City, Patna.

7. Prayer is refused.

8. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T