High Court Patna High Court - Orders

Chhotu Mian vs The State Of Bihar on 3 November, 2011

Patna High Court – Orders
Chhotu Mian vs The State Of Bihar on 3 November, 2011
                  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
                                      -----------

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

Arms Act.

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.)