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Patna High CourtCR. MISC./38682/2021bail rejected

Md. Amjad v. The State Of Bihar

2022-02-22Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38682 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== MD. AMJAD Son of Late Md. Sahabuddin Resident of Village- Bhikhanpur (Jhoparpatti), P.S.- Ishachak, District- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, who is in custody since 02.06.2020 seeks regular bail in connection with Sabour P.S. Case No. 144 of 2020, registered for the offence punishable under Sections 341, 323, 324, 307 and 302/34 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, 1st Class, Bhagalpur.

The prosecution case, in short, is that the son of the informant, namely, Ishtiyaq was badly assaulted by means of dagger by the accused persons named in the F.I.R., including the petitioner, as a result he died.

Learned counsel appearing on behalf of petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that petitioner has got

Patna High Court CR. MISC. No.38682 of 2021(5) dt.22-02-2022 2/2 clean antecedent and he is in custody since 02.06.2020. Learned A.P.P. opposed the prayer for grant of bail to the petitioner.

Considering the facts and circumstances of the case and seriousness of the allegation and the involvement of the petitioner, I am not inclined to enlarge the petitioner on bail, at this stage. Accordingly, the prayer for grant of regular bail is rejected.

However, the learned trial Court is directed to conclude the trial expeditiously, well within a period of nine months. If no substantial progress takes place in trial, the petitioner, if so advised, may renew his prayer for bail after nine month.

(Purnendu Singh, J) manish/- U T