Patna High CourtCR. MISC./86061/2023dismissed

Md. Iqbal v. The State Of Bihar

2024-04-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86061 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- BALRAMPUR District- Katihar ====================================================== Md. Iqbal Son of Mr. Md. Jamshid Alam R/o vill - Pothra, P.S. - Balrampur (Telta O.P), Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Purushottam Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-04-2024 Heard learned senior counsel for the petitioner Shri Ajay Thakur, Sr. Advocate for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Balrampur (Telta) P.S. Case No. 84 of 2023 registered for the offence under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and other accused persons are said to have assaulted the deceased and he died.

4. A number of injuries have been found in the post-mortem report which supports the prosecution case.

5. The petitioner is in jail since 27.06.2023.

6. Considering the direct allegation against the petitioner of killing the deceased, this Court is not inclined to

Patna High Court CR. MISC. No.86061 of 2023(4) dt.10-04-2024 2/2 grant bail to the petitioner though other co-accused who is a female has been granted bail.

7. Accordingly, this application is dismissed.

8. The Court below is directed to expedite the trial of the petitioner and conclude the same at the earliest.

9. If there is no sufficient progress in the trial due to the fault of the prosecution side then the petitioner may renew his prayer for grant of bail.

(Sandeep Kumar, J) Shishir/- U T