Md Mustak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74995 of 2022 Arising Out of PS. Case No.-106 Year-2022 Thana- MARAUNA District- Supaul ====================================================== Md Mustak S/O Md. Majebul R/O Village- Sirajpur, P.S- Marauna, DistrictSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Jha Raman, Advocate For the Informant : Mr. Arun, Advocate For the State :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Informant and learned APP for the State.

Petitioner seeks bail, who is in custody since 25.08.2022 in connection with Marauna P.S. Case No. 106 of 2022, F.I.R. dated 08.07.2022 registered for the offences punishable under Sections 341, 323, 325, 379, 307, 354, 447, 504, 34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that there is case and counter case between the parties and both sides have sustained injured. He further submits that it appears from the F.I.R., the F.I.R. is in two parts and in first part, there is general

Patna High Court CR. MISC. No.74995 of 2022(4) dt.17-07-2023 2/2 and omnibus allegation against all the accused persons including the petitioner and in second part, there is specific allegation against the petitioner that he has assaulted the deceased as well as the son of the deceased.

Vide order dated 08.05.2023, a report was called for with regard to the stage of the trial. Report dated 15.06.2023 of the learned Trial court reveals that out of fourteen (14) chargsheeted witnesses, three (03) witnesses have already been examined.

Learned counsel for the Informant submits that after 15.06.2023 two more witnesses have already been examined by the learned Trial court.

In view of the aforesaid that the trial is in advanced stage, I am not inclined to enlarge the petitioner on bail in connection with Marauna P.S. Case No. 106 of 2022 pending in the Court of learned A.C.J.M. VI, Supaul.

Prayer is refused.

However, the learned Trial court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U T