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Patna High CourtCR. MISC./26969/2020bail granted

Azad @ Azad Alam v. The State Of Bihar

2020-10-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26969 of 2020 Arising Out of PS. Case No.-190 Year-2019 Thana- KOCHADHAMAN DistrictKishanganj ============================================== AZAD @ AZAD ALAM S/o Salauddin Karbala Kashibari, P.S.- Kochadhaman, District-Kishanganj.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Kumar Birendra Narayan, APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-10-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 179/2019 arising out of Kochadhaman P.S. Case No. 190 of 2019 instituted for the offence under Sections 302/34 of the Indian Penal Code.

According to the F.I.R., the petitioner is the assailant of the deceased.

He is in custody since 06.08.2019.

Learned counsel for the petitioner has drawn the attention of this Court to the averments made in the F.I.R,

Patna High Court CR. MISC. No.26969 of 2020(2) dt.19-10-2020 2/2 which indicate that there was a land dispute and the occurrence took place because of love affairs and that the petitioner has wrongly been roped in the present case. However, regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to him.

The prayer for bail of the petitioner is rejected. Let the trial of the petitioner be expedited and if there is no substantial progress in the trial within a period of one year, the petitioner would be at liberty to approach the Trial Court for grant of bail.

In that event the Trial Court would be required to state the reasons for tardy pace of the Trial. (Ashutosh Kumar, J) sunilkumar/- U T