Akalu Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20276 of 2022 Arising Out of PS. Case No.-301 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== Akalu Mian S/O Sahbajan Mian R/O Village- Chain Pur, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava For the Opposite Party/s :
Mr.Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 302 of the Indian Penal Code. It is alleged that this petitioner stabbed knife blow to the niece of the informant Mobina Khatoon, as a result of which, she succumbed to the injuries. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.20276 of 2022(3) dt.04-01-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that there is land dispute between the parties. The informant is not an eye witness to the occurrence. The petitioner is languishing in custody since 24.07.2020.
Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is specific accusation against the petitioner that due to stabbing of the petitioner, the niece of the informant died. During investigation, the independent witnesses have also supported the case of the prosecution.
Since there is specific accusation against the petitioner, this Court is not inclined to grant bail to the petitioner for the present. The prayer for grant of bail to the petitioner stands rejected.
The Trial Court is directed to expedite the trial and conclude the same within a period of six months from today. The petitioner is at liberty to renew his
Patna High Court CR. MISC. No.20276 of 2022(3) dt.04-01-2023 3/3 prayer for bail, if the trial is not concluded within six months.
(Sunil Kumar Panwar, J) Shageer/- U T