Umesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8349 of 2017 Arising Out of PS.Case No. -93 Year- 2015 Thana -KHAIRA District- SARAN ====================================================== Umesh Prasad, son of Late Nathuni Pd. resident of Village- Jagdishpur, P.S.- Khaira, District- Saran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party : Mr. Braj Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-03-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected by order dated 29.03.2016 passed in Cri. Misc. No. 4900 of 2016, on the ground that the petitioner is suffering in custody since 03.10.2015. The doctor has found no injury caused by sharp cut weapon and, as such, the allegation that the petitioner assaulted with sword is not substantiated. Other coaccused have been allowed bail and, as such, the petitioner also deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner is the assailant and the death was due to head injury and complication.

Patna High Court Cr.Misc. No.8349 of 2017 (2) dt.08-03-2017 2/2 In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected. However, considering the detention, the learned trial court is directed to expedite the trial and to conclude the same preferably within four months, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T