Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31495 of 2017 Arising Out of PS.Case No. -99 Year- 2012 Thana -BANKA District- BANKA ======================================================

1. Md. Sabir Son of Late Md. Harun Resident of Village: Kharihara, P.S. Barahat, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2017 The petitioner seeks regular bail in connection with Banka P.S. Case No. 99 of 2012, registered for offences punishable under Sections 147, 148, 149, 302 of Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of firing on the deceased due to which he died.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case, which will appear from the fact that though F.I.R has been lodged at 11.45 P.M., however, post mortem report shows that the dead body was received at 9.45 P.M. and further for murder of the father of the petitioner, petitioner has already lodged a case against the informant and some of the persons were also convicted in that case and only due

Patna High Court Cr.Misc. No.31495 of 2017 (2) dt.13-07-2017 2/2 to which, he has been made accused in this case. Further petitioner has been in judicial custody since 03.02.2017. Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude as soon as possible.

(Vinod Kumar Sinha, J) sunil/- U T