Patna High CourtCR. MISC./2733/2019dismissed

Santosh Roy v. The State Of Bihar

2019-02-08Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2733 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- SIMRI District- Buxar ====================================================== Santosh Roy s/o Hriday Narayan Roy Resident of Village -Manikpur P.S. Simari, (T.R.H.O.P.), District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Bhaskar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Simari TRHOP P.S. Case No. 101 of 2018 registered for the offence punishable under Sections 147, 148, 149, 114, 302 and 504 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of firing upon Sunil Pandey nephew of Informant which hit on the neck of the Informant as a result of which he died on the spot. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There is case and counter case. It has been further submitted that the petitioner was under the treatment of Doctor of Community Health Centre, Sonwani, Balia (U.P) at the date and time of occurrence, who has granted him medical certificate which has been annexed as Annexure-4 to this petition.

Patna High Court Cr.Misc. No.2733 of 2019(4) dt.08-02-2019 2/2 co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 20.07.2018 in Criminal Miscellaneous No. 42676 of 2018 and 25.09.2018 in Criminal Miscellaneous No. 49022 of 2018. Petitioner has got no criminal antecedent and is in custody since 29.08.2018. Considering the fact that there is direction allegation of firing against the petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, the trial court is directed to expedite the trial of the petitioner and conclude the same within a period of one year from the date of receipt/production of a copy of this order.

(S. Kumar, J) ranjan/- U