Md. Haiyul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2729 of 2018 Arising Out of PS.Case No. -165 Year- 2017 Thana -BARSOI District- KATIHAR ======================================================

1. Md. Haiyul, Son of Late Gayassuddin, Resident of Village- Balupara, Police Station- Barsoi, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, already in custody, seeks bail in connection with Barsoi P. S. Case No. 165 of 2017, registered under Sections 147, 148, 149,341, 323, 506, 307, 302, 427 and 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner and there is no eye witness of the occurrence, except the informant. Learned counsel appearing on behalf of the State submits that there is specific allegation against the petitioner along with other co-accused, Md. Azad, who assaulted the husband of the informant due to which succumbed to injury and

Patna High Court Cr.Misc. No.2729 of 2018 (6) dt.08-03-2018 2/2 ultimately died at the spot.

Having considered the specific allegation against the petitioner of assaulting the deceased, the prayer for bail of the petitioner stands rejected at this stage.

The petitioner is in jail custody since 20.07.2017, so the Court is directed to expedite the trial and to conclude the trial expeditiously.

(Arun Kumar, J) Sudha/- U T