Haidar Mian @ Haidar Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24618 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- KHAIRA District- Jamui ====================================================== HAIDAR MIAN @ HAIDAR ALI Son of Rafik Mian Resident of VillageChaukitand, P.S.- Khaira, District- Jamui. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad For the Opposite Party/s :
Mr.A.G.
For the informant : Mr. Kartik Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act.
Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is one of the assailants. The postmortem report corroborates the allegation made in the FIR.
A report was called for from the trial court which has been received. It has been reported that charge has not been framed in this case.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Patna High Court CR. MISC. No.24618 of 2020(4) dt.19-01-2021 2/2 Considering the nature of accusation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 301 of 2019 arising out of Khaira P.S. Case No. 116 of 2019 is rejected. Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of nine months from the date of receipt/production of copy of this order.
The District Magistrate and the Superintendent of Police, Jamui are directed to ensure the production of prosecution witnesses on the date fixed by the trial court, so that trial could be concluded within the stipulated period of nine months.
Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Jamui for needful.
(Sudhir Singh, J) A.K.V.//- U T