The High Court rejected the petitioner's bail application in a case involving offences under Sections 302 and 307 of the IPC, citing corroboration of injuries in the postmortem report. The trial was directed to be concluded within nine months.
Bail prayed for is rejected. Trial directed to be concluded within nine months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76335 of 2018
Arising Out of PS. Case No.-184 Year-2018 Thana- RAMPUR District- Gaya
======================================================
MD. SUHAIL @ SUHBARIL ANSARI @ SUHAIL ANSARI S/o Hafiz Ansari, Resident of Mohalla- White House Compound, P.S.-Rampur, DistrictGaya.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Krishna Pd. Singh, Sr. Advocate. For the Opposite Party/s : Mr.Kumar Ranjit Ranjan ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
4 27-02-2019 Heard learned counsel for the petitioner, learned
counsel for the informant and the learned APP for the State.
The petitioner seeks bail in Rampur P. S. Case No.
184 of 2018 instituted for the offence under Section(s) 302, 307,452, 341, 323, 506, 120-B, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act.
In the written report, it is alleged that on the date of occurrence, this petitioner and other accused persons as named in the written report armed with lathi, pistol rod etc. entered into the house of informant and started abusing her. In the meantime, co-accused Sahnawaj @ Shannu ordered to kill thereafter co-accused Sahrukh assaulted son of informant, namely, Md. Nabil by means of lathi on his head. It is further
Patna High Court CR. MISC. No.76335 of 2018(4) dt.27-02-2019 2/3
alleged that petitioner also assaulted with iron rod on his head and co- accused, Sahnawaj assaulted with butt of the pistol due to which he fell down. It is further alleged that co-accused Sahrukh and this petitioner assaulted the son of the informant with lathi and hockey stick. It is further alleged that co-accused Shabbu assaulted the second son of the informant, namely Arbak Khan on his head with lathi. Thereafter, co-accused Abdullah assaulted Arbak Khan on his head with rod.
Case diary has been received.
Learned counsel for petitioner submits that injury reports of the injured(s) are mentioned in para 70 of the case diary. They do not corroborate the allegation against this petitioner.
Learned counsel for the informant has submitted that in the postmortem report doctor has found several injuries on the head of son of informant (deceased) which fully corroborate the allegation. He further submits that witnesses in paragraph nos. 43, 57 and 61 of the case diary have stated that deceased in the hospital during course of treatment had disclosed the name of this petitioner and other accused persons before the police.
Learned APP for the State, after looking into the postmortem report, submits that doctor has found injuries on the
Patna High Court CR. MISC. No.76335 of 2018(4) dt.27-02-2019 3/3
parietal region of the deceased caused by hard and blunt substance which supports the allegation against this petitioner.
Therefore, this Court is not inclined to grant bail to the petitioner. The prayer for bail of the petitioner stands rejected.
Learned counsel for petitioner submits that petitioner is in custody since 5.6.2018.
Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of nine months from the date of receipt of copy of this order.
Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period.
(Sanjay Priya, J)
shyambihari/-
U T
2 issues framed by the court
Whether bail should be granted to the accused in a case involving offences under Sections 302, 307 of the Indian Penal Code.
Whether the trial Court should expedite the trial.
Md. Suhail @ Suhtaril Ansari
The State Of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
