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Patna High CourtCR. MISC./62388/2017rejected

Md. Hasnain @ Sufi v. The State Of Bihar

2018-02-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62388 of 2017 Arising Out of PS.Case No. -124 Year- 2016 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Hasnain @ Sufi S/o Late Isha, R/o Village- Murgiya Tola, P.S.- Ramgarhwa, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Ramgarhwa P.S. Case No. 124 of 2016, a case under Sections 147, 148, 149, 341, 323, 324, 307, 427, 302, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

According to the FIR, on the order of this petitioner, two others fired, causing injury to the victim and, thereafter, the petitioner gave a Farsa blow causing injury near the abdomen of the deceased. The post-mortem report would reveal the injury was consistent with the prosecution allegation. The petitioner is in custody since 31.03.2017. The petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.62388 of 2017 (4) dt.26-02-2018 2/2 Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail for the present. Hence, prayer is refused.

However, the petitioner would be at liberty to renew the prayer of bail if the trial is not concluded within six months from today. The trial court is directed to expedite and conclude the trial without giving any un-necessary adjournments to any of the parties, even after separating the trial of the petitioner, if the circumstances so required.

(Birendra Kumar, J) sushma/- U T