Patna High CourtCR. MISC./16755/2015rejected

Shankar Kumar @ Chamo @ Shankar Mistiri v. The State Of Bihar

2015-06-23Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16755 of 2015 Arising Out of PS.Case No. -42 Year- 2014 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Shankar Kumar @ Chamo @ Shankar Mistiri S/o- Late Jamun Mistiri@Jamuna Mistri R/o Mohalla- Mansoon nager, P.s- Sohsarai, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binit Kumar For the Opposite Party/s : Mr. Khurshid Anwar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner and Mr. Ramchandra Singh learned APP for the State.

The petitioner is in custody in connection with Sohsarai P.S. Case No. 42 of 2014 (S.T.No.645/2014) registered under sections 394 and 302 IPC. Four boys had gone to Biharsharif for taking examination. When they were going to see Bari Pahari, the petitioner along with others are said to have committed robbery and pushed them down from the hilltop in which two of them received injuries and died. Upon arrest, the petitioner was put on TIP whereat he was identified by one witness as one of the miscreants who had committed the offence.

It is submitted that the petitioner has falsely been

Patna High Court Cr.Misc. No.16755 of 2015 (3) dt.23-06-2015 2 / 2 implicated in this case and is languishing in jail since 17.06.2014 having no criminal antecedent.

Learned APP, on the other hand, opposed the prayer and submitted that the trial has already commenced. Considering the materials reflected from the impugned order, I am not inclined to enlarge the petitioner on bail. His prayer is accordingly rejected.

It is expected that the trial court shall endeavour to conclude the trial of the petitioner within eight months from the date of receipt/communication of a copy of this order. (Kishore Kumar Mandal, J) HR/- U