Patna High CourtCR. MISC./49271/2014rejected

Md. Taleaw @ Kailwa v. The State Of Bihar

2015-05-06Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.49271 of 2014 (3) dt.06-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49271 of 2014 Arising Out of PS.Case No. -128 Year- 2013 Thana -JALALGARH District- PURNIA ======================================================

1. Md. Taleaw @ Kailwa Son of Md. Jamshed Resident of Village - Pankhoowa, Police Station - Jalalgarh district - Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. No doubt, petitioner is in jail custody since 26.10.2013 but there is specific allegation against him that he gave fatal blow on the back of the deceased by dagger. The trial of the petitioner has already commenced and up till now, two prosecution witnesses have already been examined. Taking note of the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 160 of 2014 arising out of Jalalgarh P.S. Case No. 128 of 2013 pending in the court of Ad hoc Additional Sessions Judge-VIII, Purnea stands rejected.

Patna High Court Cr.Misc. No.49271 of 2014 (3) dt.06-05-2015 However, learned trial court is directed to conclude the trial of the petitioner as early as possible preferably within nine months from the date of receipt/production of copy of this order. Let copy of this order be sent to Superintendent of Police, Purnea with direction to him to ensure the presence of prosecution witnesses of aforesaid case before the court of Ad hoc Additional Sessions Judge-VIII, Purnea within three months from the date of receipt/production of copy of this order. (Hemant Kumar Srivastava, J) SHAHZAD/- U T