Md. Irfhan @ Md. Irrfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66276 of 2019 Arising Out of PS. Case No.-359 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== MD. IRFHAN @ MD. IRRFAN Son of Md. Nzim Resident of Village-Gadai Sarai, P.S-Hajipur Sadar, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2020 Heard the parties.

This application is for grant of regular bail in connection with Sadar Hajipur P.S.Case No.359 of 2018 for the offences under Sections 147, 149, 323, 307, 302, 379 and 504 of the Indian Penal Code.

In short the case is that the petitioner assaulted by lathi to the 85 years old mother of the informant causing injury Submission of the learned counsel for the petitioner is that there is case and counter case between the parties. Both sides have received injuries and all the witnesses are family members except two independent witnesses, who have stated about the scuffle between the parties. Petitioner is in custody since 1.7.2019.

Heard learned A.P.P. who has opposed the prayer

Patna High Court CR. MISC. No.66276 of 2019(4) dt.05-02-2020 2/2 for bail stating that the prosecution case is supported by the postmortem report that shows injury at the scalp and the case of the death is due to above injury..

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T