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Patna High CourtCR. MISC./38286/2016rejected

Md. Tajuddin @ Tajuddin v. The State Of Bihar

2016-11-15Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38286 of 2016 Arising Out of PS.Case No. -301 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Md. Tajuddin @ Tajuddin, Son of Late Fajilat, Resident of Village-Rampur, Mohanpur, P.S.- Araria (Bairgachi), District- Araria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vikram Deo Singh, Advocate For the Informant : Mr. Ranjan Kumar Srivastav, Advocate For the Opposite Party : Mr. Umeshnand Pandit (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-11-2016 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned counsel appearing on behalf of the State.

The petitioner is in custody since 01.08.2016 in connection with Araria (Bairgachi) P.S. Case No.301 of 2015 registered for the offences punishable under Sections 147, 148, 149, 302, 354, 504, 379, 506 and 120(B) of the Indian Penal Code. Case diary in the present case was called for, which has since been received.

After hearing learned counsel for the petitioner and learned counsel appearing on behalf of the State and upon consideration of the materials which have come on record, it appears that the petitioner has also participated in the occurrence.

Patna High Court Cr.Misc. No.38286 of 2016 (3) dt.15-11-2016 2/2 The deceased died of ante-mortem injury, which resulted in the rupture of the spleen and there was also injury on the scrotum of the victim. In view of the aforementioned facts and circumstances and there being further cogent material in the case diary, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected.

The petitioner, however, may approach the court below for commitment of the case. If the case is committed, then it shall be open to the court below to proceed expeditiously so that the same is concluded preferably within a period of one year from today.

(Anjana Mishra, J.) ravi/- U T