Indradeo Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7302 of 2015 Arising Out of PS.Case No. -144 Year- 2010 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Indradeo Thakur, Son of Yogi Thakur, resident of Village - Ojhilpur, P.S. - Rajepur, District - East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Nafisuzzoha, Advocate. For the Opposite Party : Mr. Iftekhar Mahmood (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-04-2015 Heard both sides. The petitioner seeks bail in Sessions Trial No. 96 of 2014, arising out of Rajepur P.S. Case No. 144 of 2010, registered under Section 302 and other Sections of the I. P.C., 27 of the Arms Act and 17 of the Criminal Law Amendment Act. The informant named the petitioner alongwith other accused persons and alleged that they having with different weapons came. Indradeo Prasad co-accused is alleged to have fired and the son of the informant fell down and thereafter accused persons also fired killing his son of the spot. Learned counsel for the petitioner submits that there is no specific allegation of firing against the petitioner. The

Patna High Court Cr.Misc. No.7302 of 2015 (3) dt.13-04-2015 2 / 2 petitioner is in jail since 13.09.2013 and trial is yet to be concluded.

Considering the facts that the case is related to the extremists who had assembled in a broad day light and killed the son of the informant, I am not inclined to enlarge the petitioner on bail in Sessions Trial No. 96 of 2014, arising out of Rajepur P.S. Case No. 144 of 2010, pending in the court of the learned 2nd Additional Sessions Judge, East Champaran, Motihari and the same is rejected.

The Trial Court is directed to expedite the trial and conclude the same within nine months from the date of receipt of this order. If the trial is not concluded, the petitioner may renew his prayer for bail.

The Superintendent of Police, East Champaran, Motihari, is also directed to ensure the attendance of all the witnesses during the course of trial in Sessions Trial No. 96 of 2014, arising out of Rajepur P.S. Case No. 144 of 2010. Let a copy of this order be sent to the Superintendent of Police, East Champaran, Motihari, for information and doing the needful.

U.K./- (Prabhat Kumar Jha, J) U T