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Patna High CourtCR. MISC./23872/2014rejected

Jubair Khan v. The State Of Bihar

2015-01-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23872 of 2014 Arising Out of PS.Case No. -78 Year- 2013 Thana -ISHOPUR District- BHAGALPUR ======================================================

1. Jubair Khan Son of Siddique Khan Resident of Village - Badluganj, Barahat, P.S. Ishipur, District - Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ranjan Kumar Jha For the Opposite Party : Mr. Binod Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2015 The petitioner is languishing in custody since 28.12.2013 in a case registered for the offences punishable under Section 302 of the I.P.C and 27 of the Arms Act. The F.I.R. was lodged against unknown when the informant found his brother's dead in the house. During investigation the family members of the victim suggested the name of the petitioner as assailant.

It is very fairly submitted by learned counsel for the petitioner that out of twelve charge-sheeted witnesses, five have already been examined.

Considering the stage of the trial, this Court is not inclined to grant bail to the petitioner at present. It is expected from the Trial Court to conclude the trial within a period of seven months. If the trial is not concluded within a period of seven months, then petitioner

Patna High Court Cr.Misc. No.23872 of 2014 (3) dt.05-01-2015 2/2 will be at liberty to move afresh for grant of bail. Accordingly the application is dismissed in connection with Sessions Trial No. 266 of 2014, arising out of Ishipur(Barahat) P.S. Case No. 78 of 2013, pending in the Court of learned Adhoc Additional District Judge-IV, Bhagalpur.

(Dinesh Kumar Singh, J) Shageer/- U T