Khalil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3771 of 2017 Arising Out of PS.Case No. -85 Year- 2015 Thana -AMDABAD District- KATIHAR ======================================================

1. Khalil, S/o-Late Gudari, R/o-Bairiya, P.S.-Amdabad, District- Katihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party : Mr. Sanjay Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 18.04.2016 passed in Cr. Misc. 10189 of 2016, on the ground that the petitioner is suffering in custody since 29.07.2015, having no criminal antecedent, there was no intention to commit murder and the occurrence took place at the spur of the moment, injury was caused on thigh and during treatment Saddam succumbed to the injuries. Further the trail has not been concluded within nine months.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner has caused such injury, which resulted in death of Saddam.

Patna High Court Cr.Misc. No.3771 of 2017 (2) dt.08-02-2017 2/2 In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected. However, considering the detention of the petitioner the learned trail Court is directed to expedite the trial and conclude the same preferably within a period of six months, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail.

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