Patna High CourtCR. MISC./12901/2024disposed

Miraj @ Laliya v. The State Of Bihar

2024-02-29Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12901 of 2024 Arising Out of PS. Case No.-135 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== Miraj @ Laliya, aged about 21 years, Male, Son of Late Salim @ Bholo Khalifa @ Bhola, resident of Village Mallikpur, P.S. Raghopur, District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sessions Trial No.453 of 2022 arising out of Raghopur P.S. Case No. 135 of 2021 registered for an offence punishable under Section 302 of the IPC and Section 27 of the Arms Act.

3. As per allegation in the FIR, it is a case of murder by shot fired upon the father of the informant by the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner and the informant are full brother and there is family dispute between them. Petitioner is in custody since 19.04.2022.

Patna High Court CR. MISC. No.12901 of 2024(2) dt.29-02-2024 2/2

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. On perusal of the first information report and impugned order dated 02.09.2023, it appears that this is a case of patricide caused by the son of the deceased. The trial is an advance stage. In these circumstances, I am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

8. However, the trial Court is directed that the case is an advance stage so the trial is concluded preferably within a period of three months from the date of receipt of this order and if the trial is not concluded within the said period, the petitioner may renew his prayer for bail before the trail Court . (Ramesh Chand Malviya, J) Brajesh Kumar/- U T