Md. Jabbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21103 of 2016 Arising Out of PS.Case No. -84 Year- 2013 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. Md. Jabbar Son of Late Makbul Mian, resident of village- Yaduapatti, P.S.- Kumarkhand, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

By filing the present application under Section 439 and 440 of the Code of Criminal Procedure, the petitioner has renewed his application for bail in connection with Sessions Trial No. 29(A) of 2014 arising out of Kumarkhand P.S. Case No. 84 of 2013 registered under Sections 147, 148, 149, 323, 324, 307, 302 and 120-B of the Indian Penal Code.

Twice the prayer for bail of the petitioner was earlier rejected by this Court.

It is submitted that by now only five witnesses have been examined during trial and there is no likelihood of conclusion of trial in near future. The petitioner is languishing in

Patna High Court Cr.Misc. No.21103 of 2016 (2) dt.11-05-2016 2/2 jail since 21.05.2014 and is ready to furnish bail bond to the satisfaction of the court.

Be that as it may, regard being had to the serious nature of allegation that the petitioner repeatedly assaulted upon the son of the informant with farsa as a result of which he died, I am not inclined to grant him bail. Accordingly, the application for bail is rejected.

The court below is directed to expedite the trial and conclude the same as early as possible.

(Ashwani Kumar Singh, J) Pradeep/- U T