High Court Patna High Court - Orders

Md. Atiullah Khan vs The State Of Bihar on 28 March, 2011

Patna High Court – Orders
Md. Atiullah Khan vs The State Of Bihar on 28 March, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.1104 of 2011
                                     MD. ATIULLAH KHAN
                                                Versus
                                     THE STATE OF BIHAR
                                              -----------

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.)