Dismissed¶22

Nanhe @ Shahid Ali @ Shahil Ali v. The State Of Bihar

Patna HC27 Sept 2024CR. MISC./45348/2024

Case brief

AI extract

What is this about?

Bail rejected - murder (S. 302 IPC) with common intention (S. 34 IPC); Bettiah (Town) P.S. Case 843/2023, West Champaran; knife blows by co-accused Salauddin @ Thakur; petitioner alleged to have surrounded deceased; dying narration to brother Md. Asaraf Hashmi corroborated per APP; defence argued informant hearsay and spectator presence; Patna High Court, Coram Nawneet Kumar Pandey, J.; order dated 27-09-2024; direction to expedite trial.

What did the court decide?

Having considered the facts and circumstances, the court held this is not a fit case for bail and rejected the petitioner's prayer for regular bail. ¶20

Nanhe @ Shahid Ali @ Shahil Ali Vs The State Of… — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45348 of 2024

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Arising Out of PS. Case No.-843 Year-2023 Thana- BETTIAH CITY District- West

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Champaran

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======================================================

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Nanhe @ Shahid Ali @ Shahil Ali Son of Hasmat Ali @ Hasamat Ali Resident of Vill.- Ghusukpura, P.S.- Bettiah Nagar, DIst- West Champaran

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... ... Petitioner/s

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Versus

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The State Of Bihar BIHAR

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 27-09-2024

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Heard the learned counsel for the petitioner as well

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as the learned Additional Public Prosecutor for the State.

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The petitioner is seeking regular bail in connection with Bettiah (Town) P.S. Case No. 843 of 2023 for the offences punishable under Sections 302/34 of the Indian Penal Code.

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As per allegation, fourth son of the informant namely, Afsar Hashmi went out from his house. Thereafter, the informant heard that someone had made him injured by inflicting knife blows. Afsar Hashmi was brought to the hospital where he was declared as dead. It has also been mentioned in the FIR that all these three co-accused persons including the petitioner surrounded the deceased and co-accused Salauddin @ Thakur inflicted knife blows on the deceased. The deceased

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Patna High Court CR. MISC. No.45348 of 2024(4) dt.27-09-2024 2/3

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disclosed this fact to his brother Md. Asaraf Hashmi.

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Learned counsel for the petitioner has submitted that the informant is a hearsay witness. As a matter of fact, none had seen the occurrence and the presence of the named accused persons including the petitioner at the spot was merely as spectators. It has also been submitted that there is no material on the record showing that the present petitioner shared any common intention/object to commit culpable homicide of the deceased. It has lastly been submitted that the specific allegation of inflicting knife blows is against co-accused Salauddin @ Thakur and not against the petitioner.

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On the other hand, the learned APP has opposed the prayer for bail and submitted that the deceased in injured condition narrated the entire fact to his brother Md. Asaraf, whose statement has been recorded in paragraph no. 8 of the case diary, in which, he has fully corroborated the occurrence. It is true that co-accused Md. Salauddin @ Thakur is the main assailant but this petitioner and co-acccused Naushad Ansari had also surrounded the deceased along with the main accused Md. Salauddin.

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