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Patna High CourtCR. MISC./10048/2018rejected

Md. Chand v. The State Of Bihar

2018-03-16Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10048 of 2018 Arising Out of PS.Case No. -4 Year- 2017 Thana -SAMSTIPUR RAIL P.S District- SAMASTIPUR ====================================================== Md. Chand, S/o Lal Babu @ Md. Sagir Ahmad , R/o Village- Bengali Tola, Shaikh Toli, P.S.- Samastipur (town), District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s: Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-03-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Sessions Trial No. 805 of 2017 arising out of Samastipur Rail P.S.Case No. 04 of 2017 registered under Sections 302/34 of the Indian penal Code and Section 27 of Arms Act. Submission is that FIR is against unknown and only material is inculpatory statement as one witness saw him fleeing away after the incidence and charge too has been framed. Whereas learned counsel for the State submits that petitioner has a large number of criminal antecedents and he was seen fleeing away from the place of occurrence and this fact was also disclosed by another accused in his extra judicial confession. Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner, at present, is rejected with the

Patna High Court Cr.Misc. No.10048 of 2018 (3) dt.16-03-2018 2/2 direction to the trial court to expedite and conclude the trial preferably within a year. If the same is not concluded within stipulated period, petitioner may renew his prayer of bail. (Arun Kumar, J) Sujit/- U T