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Patna High CourtCR. MISC./33107/2016rejected

Sah Raja v. The State Of Bihar

2016-10-05Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33107 of 2016 Arising Out of PS.Case No. -95 Year- 2009 Thana -BIRPUR District- SUPAUL ======================================================

1. Sah Raja Son of Late Sah Jami Mohammad resident of Village - Parsa, Police Station Birpur, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-10-2016 The petitioner wants to renew his prayer for bail, which was earlier rejected vide order dated 10.12.2015 passed in Cr. Misc. No. 49434 of 2015, on the ground that the petitioner is in custody since 10.04.2015, one of the assailants Md. Keshar Ali has been allowed pre-arrest bail after considering that post mortem report reflects only one injury on the upper part of the neck. Due to political rivalry the petitioner has been implicated and as such he also deserves sympathetic consideration to which the learned A.P.P. opposes by submitting that the petitioner shot Devendra Yadav on his right temporal region causing his death and in post mortem report also one such injury has been found. In the facts and circumstances stated above, considering that the petitioner is the assailant, this court is not

Patna High Court Cr.Misc. No.33107 of 2016 (4) dt.05-10-2016 2/2 inclined to reconsider his prayer of bail and accordingly, again his such prayer stands rejected.

However, considering the detention of the petitioner, the learned trial court is directed to expedite the trial and conclude the same as early as possible, preferably within six months after keeping the same on day to day basis.

(Jitendra Mohan Sharma, J) siddharth/- U T