IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.17077 of 2011
Chhotu Mian, S/O-Eqbal Mian
Versus
The State Of Bihar
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05 03.11.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is in jail custody since 16.07.2010 in a case
registered under Section 307 of the Indian Penal Code and 27 of the
There is specific allegation of causing fire arm injury to
informant against the petitioner. The reason behind the alleged
occurrence is said that prior to the alleged occurrence, petitioner had
caused fire arm injury to informant and when he came out from the
jail he started mounting pressure upon the informant to compromise
the previous case and when the informant refused, the petitioner again
opened fire on him. The supplementary affidavit of the petitioner
reveals that informant, Investigating Officer and doctor are still left to
be examined.
Learned counsel for the petitioner submits that last
prosecution witness was examined on 19.04.2011 and there is no
likelihood of conclusion of trial of the petitioner in near future.
Considering the aforesaid facts and circumstances as
well as submissions of the parties, I am not inclined to release the
petitioner on bail, at least, at this stage. Accordingly, his prayer for
bail in connection with Sessions Trial No. 26 of 2011/09 of 2011
arising out of Kotwali P.S. Case No. 211 of 2010 pending in the court
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of Additional Sessions Judge-IV, Gaya is, hereby, rejected.
However, petitioner may renew his prayer for bail after
examination of the informant. The learned trial court should expedite
the trial of the petitioner and try to procure the attendance of the
informant.
SHAHZAD ( Hemant Kumar Srivastava, J.)