Md. Shakil @ Md. Shakil Ahmad @ Sakil Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40650 of 2022 Arising Out of PS. Case No.-1 Year-2016 Thana- NIMCHAKBATHANI District- Gaya ====================================================== MD. SHAKIL @ MD. SHAKIL AHMAD @ SAKIL MIYAN S/o Late Md. Alidaz Miyan @ Late Alidaz R/o village- Manjhauli, P.S.- Neem Chak Bathani, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and the State. Four weeks' time is granted to the counsel for the petitioner to remove the defect(s) as pointed out by the office. The petitioner seeks bail in a case registered for the offence under Section-302/34 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner is alleged to have fired upon the victim which led to his death. The postmortem also supports the allegation. A report was called for from the trial court. It has been reported that statement of the accused under Section 313 of the Cr.P.C. has already been recorded. The case is pending for examination of defence witness.

Patna High Court CR. MISC. No.40650 of 2022(3) dt.21-09-2022 2/2 Considering the nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Neem Chak Bathani P.S. Case No. 01 of 2016 is rejected. The trial court is directed to take all necessary steps to conclude the trial at the earliest.

(Sudhir Singh, J) A.K.V.//- U T