Moin Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49176 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -JANTA BAZAR District- SARAN ======================================================

1. Moin Alam Son of Md. Hussain. Resident of Village- Tajpur Basnahi, P.S.- Janta Bazar, District- Saran at Chapra (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Sri Kalyan Shankar (APP) For the informant : Mr. Md. Anis Akhtar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned counsel appearing on behalf of the State.

The petitioner is in custody since 01.08.2016 in connection with Janta Bazar P.S. Case No. 46 of 2016, registered for offences punishable under Sections 341, 323 and 307 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is that he fired on the informant causing head injuries.

It has been submitted on behalf of the petitioner that admittedly, the petitioner fired on the informant but the said fire did not cause any grievous injury to the informant and the petitioner is languishing in judicial custody since 01.08.2016.

Patna High Court Cr.Misc. No.49176 of 2016 (2) dt.13-12-2016 2/2 Having heard both sides and in view of the fact that the petitioner fired on the informant with an intent to kill him and also the injury caused by the fire arm is in the skull of the informant, which is a vital part of the body, at present, I am not inclined to grant the petitioner, the privilege of regular bail and the same is, accordingly, rejected.

Learned Trial Court is directed to expeditiously conclude the trial.

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