Mokarram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30741 of 2019 Arising Out of PS. Case No.-138 Year-2018 Thana- AMAUR District- Purnia ====================================================== MOKARRAM Son of Gulam Mohammad @ Md. Gulai @ Gul Mohammad Resident of Village-Kanhriya, P.S.-Amour, District-Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nadimul Hasan For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Amour P.S. Case No. 138 of 2018, instituted for the offence under Section(s) 341, 323, 427, 307, 504 and 506/34 of Indian Penal Code. It is alleged in the written report that on the date of occurrence, on the order of co-accused Gulam Mohammad, his son namely, Mokarram (petitioner) assaulted younger brother of informant namely, Md. Ejaj Alam on his head with Bamboo, on account of which, he fell on the ground. It is further alleged that petitioner continued to assault. The brother of the informant sustained bleeding injury and blood was oozing from his head, then petitioner along with other accused persons fled away. Counsel for the petitioner submits that there is case

Patna High Court CR. MISC. No.30741 of 2019(5) dt.12-07-2019 2/2 and counter case between the parties.

Counsel for the informant has appeared and opposed the prayer for bail.

Case diary has been received.

The injury report is available in the case diary wherein the Doctor has found lacerated scalp injury on left parietal region of size 2" x 1⁄2" x 1⁄2". On C.T. Scan of brain, there was fracture of both temporal parietal bones in left side with multiple haemorrhage.

Therefore, this Court is not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner stands rejected. The trial court is directed to make efforts to conclude the trial as early as possible preferably within a period of nine months.

Petitioner may renew his prayer for bail after nine months in the event to substantive progress is made in the trial. (Sanjay Priya, J) S.Ali/- U T