Md. Aashiq v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82401 of 2023 Arising Out of PS. Case No.-357 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== MD. AASHIQ Son of Md. Aslam R/o vill - Jhitki, P.S. - Nanpur, Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mazharul Hassan For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. This is the second attempt of the petitioner in connection with Nanpur P.S. Case No. 357 of 2022 which was earlier rejected vide order dated 25.05.2023 passed in Cr. Misc. No. 2465 of 2023.

3. Out of eight chargesheeted witnesses, two have already been examined. From perusal of the FIR, it appears that the petitioner is the main assailant of the deceased.

4. Learned counsel for the petitioner submits that during investigation it has come that two persons had shot at the deceased and the co-accused who is said to have shot at the deceased along with the petitioner has been granted bail.

5. The aforesaid argument of the petitioner does not

Patna High Court CR. MISC. No.82401 of 2023(3) dt.16-02-2024 2/2 convince me when he is sole assailant mentioned in the F.I.R. and when trial has already commenced.

6. This application is dismissed with a direction to the court below to conclude the trial at the earliest. (Sandeep Kumar, J) Saif/- U T