Patna High CourtCR. MISC./49060/2016dismissed

Md. Rizwan Khan v. The State Of Bihar

2017-01-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49060 of 2016 Arising Out of PS.Case No. -329 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Md. Rizwan Khan S/o Late Kamruddin Khan, R/o Village- Agarpur, P.S. Lalganj, District- Vaishali at Hajipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail in connection with Lalganj PS case no. 329 of 2015 for the offence under Sections 304, 308 of the Indian Penal Code.

It is submitted on behalf of petitioner that though it is alleged in FIR that petitioner has caused death of father and daughter of informant by driving Maximo car over them but it was not intentional and at best it is a case of rash and negligent driving for which petitioner is in custody for more than a year. Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail.

In this case earlier a report was called for from

Patna High Court Cr.Misc. No.49060 of 2016 (4) dt.12-01-2017 2/2 which it appears that this case has been committed to the Court of Sessions.

Having heard both sides. In the aforesaid facts and circumstances of the case, the prayer for bail of petitioner is rejected at this stage. However, learned court below is directed to expedite the matter and tried to conclude the trial preferably within a period of six months and if the trial is not concluded within stipulated period, the petitioner is at liberty to file a fresh application for bail.

With these observations, this bail application is dismissed.

(Vinod Kumar Sinha, J.) rinkee/- U T