Mursalim @ Md. Mursali @ Md. Mussalim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25496 of 2017 Arising Out of PS.Case No. -309 Year- 2015 Thana -PURNEA SADAR District- PURNIA ====================================================== Mursalim @ Md. Mursali @ Md. Mussalim Son of Late Humayun, Resident of Village- Miya Bazar, Purnea City, Police Station- Purnea Sadar, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 324, 307 and 302 of the Indian Penal Code.

Allegation against the petitioner is that he gave sickle blow on the neck of the deceased, as a result of which, he fell down and became unconscious. Thereafter he was taken to hospital, where the doctor declared him to be dead. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application, taking into account that the petitioner is the assailant and he is the author of the vital injury caused upon the deceased.

Patna High Court Cr.Misc. No.25496 of 2017 (3) dt.30-08-2017 2/2 This is the second attempt for grant of bail on behalf of the petitioner A report was called for from the trial court regarding the stage of the case.

It has been reported by the trial court that the statement under Section 313 of the Cr.P.C. has already been recorded. The trial is expected to be concluded within a period of four months.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in S.T. No. 562 of 2015, CIS No.533 of 2015, arising out of Purnea Sadar P.S. Case No. 309 of 2015, pending in the court of learned 5th Additional Sessions Judge, Purnea. (Sudhir Singh, J) Amit/- U