Md. Rajjak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34375 of 2020 Arising Out of PS. Case No.-131 Year-2019 Thana- ROSERA District- Samastipur ====================================================== Md. Rajjak Son of Md. Alauddin Resident of Village- Hiramiya, P.S.- Rosera, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application has been filed by the petitioner renewing his prayer for bail in connection with Rosera P.S. Case No. 131 of 2019 registered under sections 302, 307 and 34 of the Indian Penal Code.

As per allegation in the FIR, the petitioner is stated to have given a khanti blow on the head of the husband of the informant leading to his death.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 18.3.2020 (Annexure-1) passed in Cr.Misc.No.84771 of 2019. It is submitted that the petitioner has been falsely implicated in the case because of pending land

Patna High Court CR. MISC. No.34375 of 2020(3) dt.20-01-2021 2/2 dispute between the parties. He has no criminal antecedent and is in custody since 20.7.2019.

The application for bail is opposed by learned APP for the State.

By order dated 23.12.2020 a report with respect to the stage of trial had been called for and the same has been received. As per report contained in letter dated 12.1.2021 charges have been framed in the case on 19.12.2019 and two prosecution witnesses have been examined.

Having heard learned counsel for the parties and in the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail and as such the bail application is rejected.

Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash/- U T