Sk. Kawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10028 of 2018 Arising Out of PS.Case No. -259 Year- 2017 Thana -NAUTAN District- WESTCHAMPARAN (BETTIAH) ====================================================== Sk. Kawal, S/o Late Sk. Shahabjan, R/o Village- Telhua, P.S.- Nautan, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-04-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody since 03.07.2017, seeks bail in connection with Nautan P.S.Case No. 259 of 2017 registered under Sections 147, 148, 149, 302, 341, 323, 324, 379, 307, 354 and 506 of the Indian penal Code.

Allegation in brief is that Sk. Junaid gave a Farsa blow on the head of the informant, upon which Sk. Abujan, Sk. Bhola and Sk. Shahid came to rescue him and it is alleged that petitioner and Sk. Mojamil assaulted over the head of all three persons with Farsa and Sk. Babu later on succumbed to injury. Submission is that there is allegation against two persons of assaulting three persons and there is no specific allegation against the petitioner.

Post-mortem report shows that he was assaulted over the

Patna High Court Cr.Misc. No.10028 of 2018 (4) dt.02-04-2018 2/2 head and as a result of which he died. So considering the nature of offence, prayer of bail of the petitioner is presently rejected. Trial court is directed to expedite the trial and conclude the same preferably within a year. If the same is not concluded, petitioner may renew his prayer of bail.

(Arun Kumar, J) Sujit/- U T