Patna High CourtCR. MISC./29702/2023bail rejected

Hameed Khan @ Hameed Raja @ Amit v. The State Of Bihar

2023-06-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29702 of 2023 Arising Out of PS. Case No.-2 Year-2020 Thana- SINGHWARA District- Darbhanga ====================================================== HAMEED KHAN @ HAMEED RAJA @ AMIT SON OF SARAFARAZ KHAN RESIDENT OF VILLAGE MULSIM TOLA POLICE STATION VAISHALI, DISTT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Asif Kalim, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Singhwara P.S. Case no.2 of 2020 registered under section 364A of the Indian Penal Code.

3. The earlier application for bail of the petitioner was rejected vide order dated 18.1.2022 (Annexure-1) passed in Cr. Misc. no.32153 of 2021.

4. As per the prosecution case, the younger son of the informant who went out on a motorcycle did not return and the FIR was registered against unknown. The name of the petitioner transpired in course of investigation. Subsequently, after being recovered, the victim in his statement under section 164 Cr.P.C. identified the petitioner as one of the accused who had

Patna High Court CR. MISC. No.29702 of 2023(3) dt.28-06-2023 2/2 given him injection leading to his being unconscious.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He is in custody since 17.6.2020 and there is no chance of the trial concluding in near future.

6. Heard learned A.P.P. for the State.

7. A report was called for from the learned trial Court. As per the report received contained in letter dated 8.5.2023 from the Additional District and Sessions Judge, Darbhanga, 7 out of 12 chargesheet witnesses have been examined and cross examined.

8. Having heard learned counsel for the parties and taking into consideration the the nature of allegation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

9. Learned trial Court is directed to expedite the trail and conclude the same at the earliest preferably within a period of 6 months.

(Partha Sarthy, J) Bibhash U