Patna High CourtCR. MISC./58740/2018rejected

Chintu @ Afroz Ahmad v. The State Of Bihar

2018-11-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58740 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- PIRBAHOR District- Patna ====================================================== Chintu @ Afroz Ahmad, S/o Late Aziz Ahmad, R/o Dariyapur Chouraha, Langar Toli, P.S.- Pirbahore, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samrendra Kumar Jha For the Opposite Party/s :

Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the parties.

The Petitioner seeks bail in Pirbahore P.S. Case No. 113 of 2018 registered for the offence punishable under Sections 326, 302/34 of the Indian Penal Code.

Informant in his written complaint has stated that on 03.03.2018 at about 11:00 am his brother went for work and at about 3 to 4 pm he got information that his brother has been murdered near Dariyapur Masjid and body has been kept in PMCH for identification. He has further alleged that he with his relatives reached near Dariyapur Masjid and inquired about the occurrence and saw the CCTV footage. During investigation all the witnesses present there have stated that petitioner and his brother Faisal committing murder of brother of Informant in a brutal manner in day light.

Patna High Court Cr.Misc. No.58740 of 2018(4) dt.20-11-2018 2/2 It has been submitted that the petitioner is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent and is in custody since 06.03.2018. Considering the fact that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, the trial court is directed to expedite the trial of the petitioner and conclude the same within a period of one year from the date of receipt/production of a copy of this order. If trial is not concluded within said period petitioner is at liberty to renew his prayer for bail.

(S. Kumar, J) ranjan/- U