High Court Patna High Court - Orders

Zainuddin vs The State Of Bihar on 3 November, 2010

Patna High Court – Orders
Zainuddin vs The State Of Bihar on 3 November, 2010
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.32932 of 2010
      ZAINUDDIN, SON OF LATE MADHAR ALI, RESIDENT OF VILLAGE KAKRAMARI, POLICE
      STATION PAHARKATTA, DISTRICT-KISHANGANJ.
                                                                    .....Petitioner.
                                         Versus
      THE STATE OF BIHAR                                        .....Opposite Party.
      For the Petitioner                : Mr. Amit Kumar (Adv.)
      For the State                     : APP.
                                        -----------

04/ 03.11.2010 Heard learned Counsel for the

petitioner and learned Counsel for the State.

Earlier prayer for bail of this

petitioner was rejected on 26.03.2009 in Cr.

Misc. No. 42372 of 2008 considering the

allegation that the accused persons including

this petitioner were involved in commission

of murder of the informant’s wife. Another

circumstance, which was considered at the

time of passage of earlier order was that one

co-accused Bachan has been convicted by the

trial court.

Submission is that seven out of eight

witnesses in the trial of the petitioner have

been examined and only the informant is to be

examined. None of the examined witnesses have

supported any part of the allegation.

Initially, the petitioner was absconder and,

therefore, his trial has to be separated.

Considering the facts and circumstances

of the case, prayer for bail of the above
2

named petitioner is again rejected. However,

the court below is directed to expedite the

trial and conclude it within six months from

the date of receipt/production of a copy of

this order. If the trial is not concluded

within stipulated period then the petitioner

will be at liberty to renew his prayer for

bail before the court below.

(Shyam kishore Sharma, J.)
kksinha/-