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Patna High CourtCR. MISC./12361/2020rejected

Md. Shaukat v. The State Of Bihar

2020-10-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12361 of 2020 Arising Out of PS. Case No.-7 Year-2019 Thana- BALRAMPUR District- Katihar ====================================================== Md. Shaukat (Male) Aged about 32 Years, Son of Md. Khurshid Resident of Village - Shishabari, P.S.- Balrampur, District - Katihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Helal Ahmad, Advocate For the Opposite Party :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-10-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No. 124 of 2019 arising out of Balrampur (Telta) P.S. Case No. 07 of 2019 for the offence under Sections 302, 376, 304(B)/120(B) of the Indian Penal Code. In this case, case diary was called for vide order dated 29.02.2020.

Learned counsel appearing on behalf of the petitioner would submit that except suspicion, there is no eye-witness to the occurrence and the petitioner is in custody 22.01.2019. Considering the materials available on record, the Court is not inclined to grant bail to the petitioner. The prayer for bail is rejected.

Patna High Court CR. MISC. No.12361 of 2020(5) dt.12-10-2020 2/2 However, the trial court is directed to conclude the trial (Sessions Trial No. 124 of 2019 arising out of Balrampur (Telta) P.S. Case No. 07 of 2019) expeditiously and preferably within a period of six months failing which the court below shall be obliged to release the petitioner on bail on appropriate terms and conditions after expiry of six months. (Anil Kumar Upadhyay, J) BT/- U T