Patna High CourtCR. MISC./7108/2019dismissed

Md. Azam @Azam v. The State Of Bihar

2019-04-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7108 of 2019 Arising Out of PS. Case No.-249 Year-2017 Thana- ARARIA District- Araria ====================================================== Md. Azam @Azam Son of Md. Rahman Resident of Village - Ghurha Jola Bochi, Ward No- 1, P.S. Araria Bairgachi District Araraia. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 120(B)/34 of the Indian Penal Code. The prosecution case, in brief, is that the petitioner picked up knife from his waist and stabbed in the body of informant's husband. The informant's husband sustained injury and died in the way proceeding to hospital.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 14-04-2017. Charge sheet has already been submitted.

Earlier prayer for bail of the petitioner was rejected by

Patna High Court CR. MISC. No.7108 of 2019(3) dt.23-04-2019 2/2 order dated 15-03-208 passed in Cr. Misc. No.6152 of 2018 by a coordinate bench (then His Lordship was) of this court. The petitioner is the main assailant. He is alleged to have stabbed to the deceased leading to his death.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 368 of 2017 arising out of Araria P.S. Case No. 249 of 2017 is rejected. The trial court is directed to take all necessary steps to expedite the trial and conclude the same as early as possible, preferably within a period of one year from the date of receipt/production of copy of this order.

(Sudhir Singh, J) A.K.V.//- U T