Md. Faiyaz Alam @ Faiyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12700 of 2022 Arising Out of PS. Case No.-264 Year-2020 Thana- KOCHADHAMAN District- Kishanganj ====================================================== MD. FAIYAZ ALAM @ FAIYAZ Son of Rahid Alam Resident of Village - Patkoi Khurd, P.S. - Kochadhaman, District - Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-04-2022 Heard learned counsel for the parties.
The petitioner has renewed his prayer for bail in a case registered under section 307 and other sections of the Indian Penal Code.
As per the prosecution case, the petitioner is said to have assaulted the daughter of the informant with a knife. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 4.8.2021 passed in Cr. Misc. no.13991 of 2021 taking note of the fact that the victim-daughter of the informant in her statement under section 161 Cr.P.C. supported the prosecution case. In the injury report also stab wound was found on the neck and scalp of the victim. It is submitted that petitioner is in custody since 27.10.2020 and there is no chance
Patna High Court CR. MISC. No.12700 of 2022(3) dt.20-04-2022 2/2 of the trial concluding in the near future. Liberty was granted to the petitioner to renew his prayer for bail after six months, if there is no progress in the learned trial court. As per the report received from the learned trial court, contained in letter dated 28.3.2022, charge was framed on 9.9.2021 and five out of the ten witnesses have been examined on behalf of the prosecution. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner, the same having been supported by the victim-daughter of the informant in her statement under section 161 Cr.P.C. together with the progress in the trial in the learned trial court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T