Patna High CourtCR. MISC./44546/2017rejected

Md. Khalil @ Khalil v. The State Of Bihar

2017-09-13Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44546 of 2017 Arising Out of PS. Case No.-85 Year-2015 Thana- AMDABAD District- Katihar ====================================================== Md. Khalil @ Khalil S/o- Late Gudri Haji @ Gudri, Resident of VillageBairiya, P.S.- Amdabad, District- Katihar.............................. Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. MD. SUFIYAN ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner wants to renew his prayer of bail, which was earlier twice rejected vide order dated 18.04.2016 and 08.02.2017 passed in Cr. Misc. No. 10189 of 2016 and 3771 of 2016 respectively, 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 moment and injury was caused on thigh and during treatment Saddam succumbed to the injuries and further the trial has not been concluded within six months as directed by this Court and the petitioner was given liberty to renew his prayer of bail.

Learned APP opposes the prayer of bail by submitting that the petitioner has caused such injury which resulted indeath of

Patna High Court Cr.Misc. No.44546 of 2017(2) dt.13-09-2017 2/2 Saddam.

In the facts and circumstances stated above, finding no ground for reconsideration of the prayer of bail of the petitioner, again his such prayer stands rejected in S. T. No. 233 of 2016 pending in the court of learned Sessions Judge, Katihar. However, learned trial court is directed to expedite the trial and conclude the same as early as possible, preferably within four months, from the date of receipt/production of a copy of this order, failing which, the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/- U T