Hafiz Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50280 of 2014 Arising Out of PS.Case No. -274 Year- 2013 Thana -BANIAPUR District- SARAN ====================================================== Hafiz Miyan S/o Khalil Miyan @ Md. Khalil R/o village- Amaw (Dhobi Tola), P.S.- Baniyapur, District- Saran (Chapra) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 08-04-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 341, 323, 325, 307, 302 and 504/34 of the Indian Penal Code.

The allegation against the petitioner and others is to have assaulted Sabir Miya and Habib Miya, who succumbed to their injuries.

It is submitted that there is no specific allegation of overt act against the petitioner.

Considering the allegation and the circumstances, prayer for bail of the petitioner and others was rejected by this Court vide order dated 22.5.2014.

I do not find any new ground for grant of bail to the petitioner.

A report was called for from the learned trial court from which it appears that four prosecution

Patna High Court Cr.Misc. No.50280 of 2014 (3) dt.08-04-2015 2/2 witnesses have already been examined and the trial is likely to be concluded within a period of six months. Let the trial of the petitioner in Sessions Trial no. 209 of 2014 arising out of Baniyapur P.S. Case no. 274 of 2013 be expedited.

If the trial is not concluded, it will be open to the petitioner to move before the learned trial court for grant of bail.

(Amaresh Kumar Lal, J) sudip/- U T