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Patna High CourtCR. MISC./6772/2018dismissed

Wakil Mahto v. The State Of Bihar

2018-02-28Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6772 of 2018 Arising Out of PS.Case No. -103 Year- 2016 Thana -TIKAPATTI District- PURNIA ======================================================

1. Wakil Mahto, son of late Saukhi Mahto, R/o Village- Goriyar, Mal Tola, P.S.- Tikapatti, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Dr. Bidhu Ranjan, Advocate For the Opposite Party/s : Mrs. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 28-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Tikapatti P.S. Case No.103 of 2016 instituted for the offence under Section(s) 323, 341, 326, 504, 506, 307/34 Indian Penal Code pending in the Court of the Additional Sessions Judge, II, Purnea.

There is serious allegation against this petitioner that he along with other accused persons came in the midnight when the informant was sleeping, caught hold the informant and forcibly put acid in his eye and mouth with intention to kill him. Prayer of the petitioner for bail was earlier rejected by this Court by order dated 20.02.2017 passed in Cr. Misc. No.876 of 2017.

In the case diary, it is mentioned that injury report

Patna High Court Cr.Misc. No.6772 of 2018 (3) dt.28-02-2018 2/3 was not received.

It is mentioned in the earlier order that learned APP has pointed out injury report of the informant. The doctor has found burn injuries on left side of head, face, neck, upper part of left shoulder, both lips, left side chest, and left side of upper abdomen. All burn injuries were due to acid and dangerous to life. The patient was referred to Sadar Hospital, Purnia, for better management to save his life after giving first aid management. A report was called for from the court below, which has been received, wherein, it is mentioned that the case is likely to be concluded within six months.

In such circumstances, this Court is not inclined to enlarge the petitioner on bail at this stage. Prayer of the petitioner for grant of bail is once again rejected.

The Trial Court is directed to expedite the trial and make efforts to conclude the same within a period of six months from the date of receipt of a copy of this order by giving short adjournments.

The Trial Court will send a list of the witnesses fixing dates for their evidence along with copy of this order to the concerned Superintendent of Police, who is directed to ensure the

Patna High Court Cr.Misc. No.6772 of 2018 (3) dt.28-02-2018 3/3 attendance of the witnesses on the date fixed so that there is no delay in the trial.

Liberty is given to the petitioner to renew his prayer for bail in the Court below itself in the event trial is not concluded within the aforesaid period, which shall be disposed off in accordance with law and in that event Trial Court will assign reason for not concluding the trial within the aforesaid time.

(Sanjay Priya, J) JA/- U T