Md. Rajjak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84771 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- ROSERA District- Samastipur ====================================================== MD. RAJJAK Son of Md. Alauddin Resident of Village - Hiramiya, P.S.- Rosera, Distt - Samastipur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in connection with Rosera P.S. Case No. 131 of 2019 registered for the offence punishable under sections 302, 307 and 34 of the Indian Penal Code.
As per allegation in the FIR, the accused persons along with the petitioner, are said to have come variously armed and it is further stated that the petitioner gave a khanti blow on the head of the husband of the informant as a result of which he died.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of pending land dispute between the parties. The other
Patna High Court CR. MISC. No.84771 of 2019(3) dt.18-03-2020 2/2 co-accused persons have been enlarged on bail, details of which have been given in para-9 of the petition and the petitioner having no criminal antecedent, is in custody since 20.07.2019. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties, in the facts and circumstances of the case specially taking into consideration the direct allegation against the petitioner in the FIR of having given the fatal blow leading to the death of the husband of the informant, this Court is not inclined to enlarge the petitioner on bail and, as such, his application for bail is rejected.
(Partha Sarthy, J) sushma/- U T