Patna High CourtCR. MISC./31871/2016rejected

Kyamuddin v. The State Of Bihar

2016-08-10Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31871 of 2016 Arising Out of PS.Case No. -167 Year- 2015 Thana -HUSAINGANJ District- SIWAN ====================================================== Kyamuddin, Son of Md. Hussain, Resident of Village- Pratp Pur, Police Station Hussainganj, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramakant Sharma, Sr. Advocate For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 12.01.2016 passed in Cr. Misc. No. 47375 of 2015, on the ground that the petitioner is in custody since 08.08.2015 and there is no specific allegation against the petitioner. Only one injury has been found on the person of the deceased and there is case and counter case. Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail that besides the deceased four other persons were also brutally assaulted and they have received serious injury. The accused persons are delaying the trial intentionally and they have filed petition under section 227 of the

Patna High Court Cr.Misc. No.31871 of 2016 (2) dt.10-08-2016 2/2 Cr.P.C. Prayer of bail of other co-accused have also been rejected by another Co-ordinate Bench of this court.

In the facts and circumstances stated above, at present, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail in connection with Hussainganj P.S. Case 167 of 2015, pending in the court of learned Chief Judicial Magistrate, Siwan stands rejected. However, the learned trial court is again directed to expedite the trial and to conclude the same preferably within four months, failing which the petitioner, if at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T