IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.623 of 2009
JAMIL KHAN, SON OF YASIN KHAN, R/O VILLAGE-BIUR, P.S.
CHAINPUR, DISTT. KAIMUR, BHABHUA......... APPELLANT
Versus
THE STATE OF BIHAR.................................. RESPONDENT
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5 10-03-2011 Heard learned counsel for the appellant, learned
counsel for the State and learned counsel for the informant.
The appellant has renewed his prayer on the ground
that he has remained in custody for about 2 years and 8
months and there is no likelihood of appeal being heard in
near future. It was pointed out that there was an observation
that if the appeal is not heard within one year then the
appellant may renew his prayer for bail and that one year has
already elapsed since the date of such observation.
Learned counsels appearing for the State and
informant have submitted that the F.I.R. is on the basis of
statement of the deceased himself in which this appellant
allegedly gave one lathi blow on the head which, according to
doctor, proved fatal. In reply learned counsel for the
appellant has challenged the claim of P.W.7 that he recorded
the statement of the injured. It has further been submitted that
the lathi blow was not repeated and hence there may not have
been any intention to cause death.
2
In the facts and circumstances of the case, the
prayer for bail is again rejected for the present. Let the
hearing of the appeal be expedited. In case the appeal cannot
be heard within one year, in that event, of so advised,
appellant may renew his prayer for bail.
( Shiva Kirti Singh, J.)
( Gopal Prasad,J)
Naresh