Md. Farukh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36328 of 2014 Arising out of P. S. Case No. - 22 Year - 2014 Thana - SARE District - NALANDA (BIHARSHARIFF) ======================================================

1. Md. Farukh, Son of Md. Nehal Khan, Resident of Village - Onda, P.S. - Sara, District - Nawada .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2015 Heard learned counsel for the petitioner, the State and the informant.

The petitioner is languishing in custody since 25.03.2014 in a case registered for the offences punishable under Sections 341, 342, 324, 326, 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Subsequently Section 302/34 of the Indian Penal Code has also been added. It is alleged that the informant, his father, sister went to attend the marriage ceremony of the daughter of the cousin where Arun Choudhary was armed with a country made rifle when the petitioner resorted to firing causing injury in the temporal region of the father of the informant, who succumbed to the injury.

Learned counsel for the petitioner submits that the injury was caused accidentally because of firing made on the eve

Patna High Court Cr.Misc. No.36328 of 2014 (3) dt.13-01-2015 of the marriage ceremony. It is very fairly submitted by the learned counsel for the petitioner that two witnesses have already been examined.

Considering the nature of accusation, this Court is not inclined to grant bail to the petitioner in connection with S. Tr. No. 428 of 2014 arising out of Sare P.S. Case No. 22 of 2014 pending in the Court of learned Ad hoc Additional District & Sessions Judge-I, Biharsharif.

It is expected from the trial court to expedite the trial and conclude the same preferably within a period of one year. Kundan/- (Dinesh Kumar Singh, J.) U T