Kallu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.13377 of 2016 (3) dt.12-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13377 of 2016 Arising Out of PS.Case No. -222 Year- 2014 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Kallu Singh son of late Bhasho Singh resident of P.O. & P.S. Mehush District Sheikhpura..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Vinay Prasasd Singh @ Sanjay For the Opposite Party/s : Mr. Anil Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 222 of 2014 registered for the offences punishable under Sections 364, 302, 379, 201, 120B of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner, other FIR named accused persons and 4-5 unknown took away Veer Kumar the son of the informant from his house towards orchard where he was brutally assaulted and killed by the petitioner and other co-accused. Submission is of false implication and that the alleged occurrence is said to have taken place in the evening of 22.06.2014 but the fardbeyan was recorded on 23.06.2014 at 11:00 am, there is no specific allegation against the petitioner, deceased was a veteran criminal and he was accused in nine cases which is

Patna High Court Cr.Misc. No.13377 of 2016 (3) dt.12-05-2016 detailed in para 9 of the application, the deceased might have been killed by some other persons but the informant implicated the petitioner and others due to enmity and village politics. Another similarly situated co-accused Mukesh Kumar has been allowed bail vide Cr. Misc. No. 10958 of 2016 by another co-ordinate Bench of this Court.

Learned APP opposes the prayer of bail by submitting that the petitioner has got criminal antecedent and prayer of bail of co-accused Avinash Kumar has been rejected by another coordinate Bench of this Court vide Cr. Misc. No. 57369 of 2015. In the facts and circumstances stated above, considering the allegation and criminal antecedent of the petitioner, at present, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. However, let the trial be expedited and concluded as early as possible, preferably within nine months from the date of receipt/production of a copy of this order.

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