Patna High CourtCR. MISC./4373/2015dismissed

Bhola Singh v. The State Of Bihar

2015-04-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4373 of 2015 Arising Out of PS.Case No. -122 Year- 2013 Thana -KURSAKANTA District- ARRARIA ====================================================== Bhola Singh S/o Late Laxmi Singh Resident of Village Khajurbari, P.S. Kursakanta, District Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Prasad Singh, Advocate.

For the Opposite Party : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-04-2015 Heard both sides.

The petitioner seeks bail in Kursakanta P.S. Case No. 122 of 2013, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The petitioner is alleged to have assaulted the deceased with Vijay Singh with sword on his head. The informant named other persons who are alleged to have assaulted the informant and his family members. From the side of the petitioner Kursakanta P.S. Case No. 123 of 2013 was registered on the fardbeyan of the petitioner. The petitioner also received injuries. Learned counsel for the petitioner submits that during the course of investigation none of the witness has stated anything. There is mutual scuffle between both sides. The petitioner is in jail

Patna High Court Cr.Misc. No.4373 of 2015 (3) dt.23-04-2015 2/2 since 14.08.2014.

Having considered the facts that there is very specific allegation against the petitioner that he assaulted the deceased with sword on his head and one lacerated wound was found on occipital region and on account of such Vijay Singh died during the course of treatment, I am not inclined to enlarge the petitioner above named on bail. Accordingly, 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/production of a copy of this order.

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