Dismissed¶21

Md. Wakil @ Md. Wakil Ahamad @ Wakil Miyan @ Dukhu @ Dukhu Miyan v. The State of Bihar

Patna HC8 May 2025CR. MISC./8238/2025

Case brief

AI extract

What is this about?

Patna High Court bail rejection 08-05-2025, CRIMINAL MISCELLANEOUS No.8238 of 2025, Justice Nawneet Kumar Pandey; petitioner Md. Wakil alias Dukhu/Dukhu Miyan; Nimchak Bathani P.S. Case No. 01 of 2011, District Gaya; Sections 302/34 Indian Penal Code; Section 27 Arms Act; murder of Md. Pyaru by firing with co-accused Md. Imran; informant not eye-witness; postmortem blunt-substance injuries except injury no. 1; anticipatory bail refused 2012; declared absconder 2016; regular bail rejected and Court below directed to expedite trial.

What did the court decide?

Considering the facts and circumstances (including the firing allegation and the petitioner's absconding record), the Court was not inclined to grant the privilege of bail and rejected the prayer for regular bail. ¶21

Md. Wakil @ Md. Wakil Ahamad @ Wakil Miyan @… — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8238 of 2025

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Arising Out of PS. Case No.-1 Year-2011 Thana- NIMCHAKBATHANI District- Gaya

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

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Md. Wakil @ Md. Wakil Ahamad @ Wakil Miyan @ Dukhu @ Dukhu Miyan S/o Late Alidaz Miyan @ Alidaz R/o vill- Manjhouli, PS- Nimchak Bathani, Distt- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Kunwar Narayan Jamuar, Advocate For the Opposite Party/s : Mr. Mohammad Sufyan, A.P.P.

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====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 08-05-2025

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Heard learned counsel for the petitioner as well as learned APP for the State.

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In this case, the petitioner is seeking regular bail in connection with Nimchak Bathani P.S. Case No. 01 of 2011, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

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As per F.I.R., the occurrence had taken place on 02.01.2011. The specific allegation against the petitioner and co-accused, Md. Imran is that he fired at Md. Pyaru who died during course of treatment.

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Learned Senior Counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. The informant is not an eye-

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Patna High Court CR. MISC. No.8238 of 2025(4) dt.08-05-2025 2/2

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witness and according to postmortem report, except injury no. 1 other injuries are caused by hard and blunt substance.

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On the other hand, learned Additional Public Prosecutor, Mr. J.N. Thakur assisted by learned counsel for the informant opposes the prayer for bail by submitting that the petitioner had fired on the deceased along with co-accused, Md. Imran, they have also submitted that the prayer for anticipatory bail was refused in the year 2012 and thereafter he remained absconding. In 2016, he was declared absconder by the learned Court below and due to absconding of the petitioner, the case was lingered for considerable long duration.

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