Nehal @ Zulfi v. The State Of Bihar

Patna High Court Cr.Misc. No.37176 of 2017 (4) dt.18-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37176 of 2017 Arising Out of PS.Case No. -459 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Nehal @ Zulfi, S/o Noor Mohammad, Resident of Kali Mela Road, Forbesganj P.S. Forbesganj, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 The petitioner seeks regular bail in connection with Fobesganj P.S. Case No. 459 of 2016, registered for offences punishable under Sections 324, 307/34 of Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of firing on the informant causing injury to him.

It has been submitted on behalf of the petitioner that though there is allegation of firing on the petitioner, however, the nature of injury caused to the informant has not been mentioned in the injury report and further the injury report is of a private hospital and same appears to be a manufactured one. Further petitioner has been in judicial custody for about one year. Learned counsel for the State opposed the prayer for bail

Patna High Court Cr.Misc. No.37176 of 2017 (4) dt.18-09-2017 and submitted that there is direct allegation against the petitioner is of firing on the informant coupled with the fact that he is accused in seven other cases.

Having heard both sides, considering the fact and circumstances of the case and also the fact hat petitioner is an accused in seven other cases, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, it appears from the report submitted by 3rd Additional District & Sessions Judge, Araria, that in this case charge has been framed on 07.03.2017 and summons were issued to all the witnesses and the next date is fixed on 22.09.2017 for evidence of prosecution side, as such, the trial court is directed to expedite the trial and try to conclude it within a period of one year, even by conducting the same on day to day basis. At the same time, S.P. Araria, is directed to ensure the production of the witnesses in Trial Court on the date fixed so that the trial can be concluded within the aforesaid period. (Vinod Kumar Sinha, J) sunil/- U T