Md. Shakir @ Shakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12555 of 2016 Arising Out of PS.Case No. -112 Year- 2015 Thana -JALALGARH District- PURNIA ======================================================

1. Md. Shakir @ Shakir S/o Md. Iliyas @ Iliyas R/o village - Jalkar, P.S. Jalalgarh, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Fakhruddin Ali Ahmad For the Opposite Party/s : Mr. Shailendra Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as well as the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 323, 307, 302, 504 and 427 of the I.P.C Allegedly, co-accused Shakib dashed the motorcycle of the informant when the informant and his other two brothers were going and thereafter Shakib slapped near the ear of Ekhlak and called other co-accused. The petitioner and co-accused Shakib after catching the hair of Ekhlak pushed him on the road resulting he became unconscious. However, the informant and his one brother saved themselves. During treatment Ekhlak died.

Patna High Court Cr.Misc. No.12555 of 2016 (4) dt.17-05-2016 2/2 Submission is of false implication and that it is a case of an accident but the informant has lodged this false case, no offence punishable under section 302 of the I.P.C. is made out and as such the petitioner deserves sympathetic consideration who is suffering in custody since 01.09.2015.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that against the petitioner there is specific allegation that he and co-accused after catching the hair pushed down the deceased on the road and the deceased received injury on the back side of his head causing his death.

In the facts and circumstances as stated above, considering the specific allegation against the petitioner, at present I am not inclined to enlarge him on bail and accordingly his such prayer stands rejected in connection with Jalalgarh P.S. Case No. 112 of 2015 pending in the court of C.J.M. Purnea. However, let the trial be expedited and concluded preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) Abhay/- U T