IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1104 of 2011
MD. ATIULLAH KHAN
Versus
THE STATE OF BIHAR
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04 28.03.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is languishing in jail custody since
14.01.2010 in connection with Budha Colony P.S. Case No. 05 of
2010 initially, registered under Section 307 of the Indian Penal
Code and subsequently, converted under Section 302 of the Indian
Penal Code.
Allegedly, the petitioner mercilessly assaulted the
deceased with bricks as a result of which deceased sustained injury
and died after 25 days of the alleged occurrence in course of his
treatment.
The contention of learned counsel for the petitioner is
that no brick was found near the place of occurrence and even if,
the prosecution story assumed to be true, then also, there was no
intention of the petitioner to kill the deceased but I am not, at all,
convinced with the submission of learned counsel for the
petitioner.
Accordingly, this bail petition stands rejected.
However, learned trial court is directed to expedite
the trial of the petitioner.
Shahzad ( Hemant Kumar Srivastava, J.)