Mubarak Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78029 of 2023 Arising Out of PS. Case No.-237 Year-2021 Thana- DARAUNDA District- Siwan ====================================================== Mubarak Ali, aged about 62 years, Gender-Male, Son of Rasul Baksh R/o vill - Banjariyan, P.S. - Nautala, Distt. - Bahraich (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 326, 307 and 302 of the Indian Penal Code.

3. Allegation against the petitioner is that he has committed triple murder of the family of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Petitioner is in custody since 21.08.2023.

5. Learned APP for the State vehemently opposes the prayer for bail of the petitioner.

6. On perusal of the first information report,

Patna High Court CR. MISC. No.78029 of 2023(4) dt.04-04-2024 2/2 postmortem report of the deceased and impugned order dated 28.08.2023, it appears that the allegation against the petitioner is that he has committed the murder of the informant's mother, father and sister, so this is a very serious and heinous offence committed by this petitioner and the case diary also supports the case of the prosecution, hence, I am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T