Tufani Mian @ Tufani Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11230 of 2017 Arising Out of PS.Case No. -275 Year- 2016 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Tufani Mian @ Tufani Miya, Son of Late Habib Mian, Resident of VillageMudera, P.S.- Ram Nagar, District- West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Ramnagar P.S.Case No. 275 of 2016 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Petitioner is the informant in this case and later on he has been made accused as witnesses have named this petitioner as assailant.

It has been submitted on behalf of the petitioner that even perusal of FIR no case has been made out under Section 302 IPC and at best it is a case under Section 304 IPC and petitioner is in custody for more than six months. It has further been submitted that almost all the charge-sheeted witnesses have been examined and they have been declared hostile and, as such, no useful

Patna High Court Cr.Misc. No.11230 of 2017 (4) dt.21-06-2017 2/2 purpose will be served for keeping the petitioner behind the bars. Heard learned APP also.

Having heard both sides and in view of submission of learned counsel for the petitioner that all the charge-sheeted witnesses have been examined in this case, at this stage I am not inclined to grant bail to the petitioner.

However, learned trial court is directed to expedite the trial and try to conclude the same within a period of three months. If trial is not concluded within the period specified, petitioner may renew his prayer for bail before the court below, who will consider the aspect of the matter that almost all the witnesses have been examined in this case and the materials on record and pass appropriate order without being prejudiced by this order. With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U