Bijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10323 of 2016 Arising Out of PS.Case No. -103 Year- 2015 Thana -PRANPUR District- KATIHAR ======================================================

1. Bijay Singh S/o Khokhai Singh R/o vill. - Amdol, P.S. Pranpur, Distt. - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-06-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offence punishable under section 302 of the I.P.C Allegedly, Chhutharan Singh, the father of the informant, was stabbed by the petitioner resulting he succumbed to the injuries.

Submission is of false implication and that the informant is not an eye witness and only on suspicion he has named the petitioner, at the place of occurrence no drop of blood was found, some of the witnesses have stated that the petitioner was apprehended by the police after chase when the petitioner was

Patna High Court Cr.Misc. No.10323 of 2016 (6) dt.22-06-2016 2/2 fleeing away after committing the crime, but from paragraph-16 of the case diary it reveals that the petitioner was apprehended at about 10 P.M and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. duly assisted by the learned counsel for the informant seriously opposes the prayer for bail by submitting that the petitioner is the assailant, trial is going on and it is likely to be concluded, the postmortem report also corroborates the prosecution version.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with S.T. No. 30 of 2016 arising out of Pranpur P.S. Case No. 103 of 2015 pending in the court of A.D.J.-II, Katihar.

However, the trial Judge is directed to expedite the trial and to conclude the same as early as possible preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) Abhay/- U T