Patna High Court - Orders
Banti @ Abid @ Md. Abid vs The State Of Bihar on 18 July, 2022
Author: Shailendra Singh
Bench: Shailendra Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19629 of 2022
Arising Out of PS. Case No.-251 Year-2021 Thana- ALAMGANJ District- Patna
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BANTI @ ABID @ MD. ABID Son of Md. Nasim Resident of Village -
Alamganj Agarwal Tola Pirvaish, P.S.- Alamganj, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kumr Thakur
Mr. Vaishnavi Singh
For the State : Mr.Umesh Lal Verma
For the informant Mr. Shivendra Kr. Sinha,
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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 18-07-2022The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned counsel for the State as well as learned counsel for the informant.
Petitioner seeks regular bail in Alamganj P.S. case no. 251 of 2021 registered for the offence punishable under section 302/34 of the Indian Penal Code.
As per allegation, an incident of Marpit took place in between the petitioner and co-accused and informant's son and being infuriated co-accused Baby Parveen who happens to be mother of the petitioner, gave a knife to the petitioner and asked him to kill the deceased and thereafter petitioner stabbed informant's son and consequently, informant's son died during course of medical Patna High Court CR. MISC. No.19629 of 2022(2) dt.18-07-2022 2/3 treatment.
The main submissions advanced by the learned counsel for the petitioner are that as per FIR, first informtion was received by the police station concerned on 22.4.2021 at 6.30 p.m. while inquest report of the deceased was prepared in PMCH at 11.30 a.m on the same day and dead body was sent for autopsy at 12.15 p.m. and as such the written report was hit by the provision of section 162 Cr.P.C. Further submission is that both the parties are agnates and between them partition dispute was going on at the time of alleged occurrence and the prosecution party encroached the passage allotted to the petitioner and in the beginning a quarrel had taken place in between the parties and thereafter alleged occurrence took place.
Learned APP appering for the State and learned counsel for the informant have opposed the prayer for bail and submitted that the petitioner is the main accused and against him there is specific allegation which completely gets corroboration from the injury found on the body of the deceased.
Heard both sides and perused the FIR. There is direct allegation against the petitioner and he allegedly inflicted knife blow at the son of the informant and he not only stabbed the deceased but also circled the knife in the chest cavity of deceased and admittedly, there was no good relation in between the prosecution party and the petitioner on account of partition dispute at the time of occurrence.
Considering the nature of the allegation, petitioner does Patna High Court CR. MISC. No.19629 of 2022(2) dt.18-07-2022 3/3 not deserve privilege of bail and accordingly, his prayer for bail stands rejected.
(Shailendra Singh, J) s.hassan/-
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