← Library
Patna High CourtCR. MISC./28683/2021dismissed

Alisher Shah v. The State Of Bihar

2021-09-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 28683 of 2021 Arising Out of PS. Case No.-84 Year-2019 Thana- KOPA District- Saran ====================================================== ALISHER SHAH S/O ABBAS SHAH R/o village- Anwal, P.S.- Kopa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner seeks bail in connection with S.Tr. No.559/19 arising out of Kopa P.S. case No.84/19 registered under Sections 147, 148, 149, 323, 324, 307, 302/504 of the Indian Penal Code, pending in the court of Additional Sessions Judge XII, Saran, Chapra.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the petitioner had also given a knife blow upon the deceased in course of occurrence and as per the postmortem

Patna High Court CR. MISC. No. 28683 of 2021(3) dt.29-09-2021 2/2 report, there are ten external injury on the body of the deceased. A report was called for from the trial court. It has been reported that only four prosecution witnesses are still to be examined in the present case and the trial is expected to be concluded within a period of six months.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order, taking into account that the petitioner is in custody since 09.09.2019.

(Sudhir Singh, J) Narendra/- U T