Rozy Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49892 of 2016 Arising Out of PS.Case No. -459 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rozy Mian Son of late Jan Mian Resident of Village - Ojha Mathiya, P.S. Majhaulia, District - West Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-11-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected by order dated 04.05.2016 passed in Cri. Misc. No. 12289 of 2016 on the ground that the petitioner is in custody since 10.01.2016, the deceased died due to Septicemia and Hepatic disorder and during postmortem only two injuries have been found, to which, the learned A.P.P. duly assisted by the learned counsel for the informant seriously opposes by submitting that seven injuries were found on the person of the informant, which is evident from the injury report issued by Medical Officer, PHC, Majhauliya, West Champaran and against the petitioner also there is specific allegation for assaulting the

Patna High Court Cr.Misc. No.49892 of 2016 (2) dt.30-11-2016 2/2 informant brutally with lathi and fatha with an intention to kill him. It is also submitted on behalf of the petitioner that discharge petition was filed resulting delay in the trial. In the facts and circumstances stated above, at present finding no good ground for reconsideration of prayer of the bail, again the prayer of the bail of the petitioner stands rejected. However, the trial Court is directed to expedite the trial and conclude the same as early as possible preferably within 4 months from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may be at liberty to renew his prayer for bail.

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