Akhtar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9350 of 2015 Arising Out of PS.Case No. -299 Year- 2013 Thana -BUXAR District- BUXAR ====================================================== Akhtar Ali Son of Late Amad Ali Resident of village - Bari Tola, Mohalla, P.O. + P.S. Buxar Town, District - Buxar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Sessions Trial No. 361 of 2013 arising out of Buxar (Town) P.S. Case No. 299 of 2013 registered under sections 307, 149, 302 and 504 of the I.P.C. pending in the Court of Addl. Sessions Judge-II, Buxar.

Earlier prayer of the petitioner for bail was rejected along with co-accused Md. Badaruddin vide Cr. Misc. No. 46610 of 2013 on 07.04.2014 by this Court on merit taking into consideration the nature of allegation.

Learned counsel appearing on behalf of the petitioner submits that petitioner, having no criminal antecedent, is in custody since 13.07.2013. The occurrence took place due to land dispute, in which father of the informant died in course of

Patna High Court Cr.Misc. No.9350 of 2015 (3) dt.20-05-2015 2/2 treatment on the same day.

On the other hand, learned counsel for the informant submits that in this case, four witnesses have been examined. Only informant, his mother and sister along with I.O. and Doctor are yet to be examined.

Having considered the facts and circumstances of the case, I find no fresh ground to re-consider the prayer of the petitioner for bail. Accordingly, the application stands rejected at present.

However, trial Court is directed to conclude the trial of the petitioner within a period of six months. If the trial is not concluded within the aforesaid period, the petitioner would be at liberty to renew his prayer for bail after six months. (Rajendra Kumar Mishra, J.) Shail/- U T