Patna High CourtCR. MISC./21753/2016rejected

Nawal Singh v. The State Of Bihar

2016-05-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21753 of 2016 Arising Out of PS.Case No. -50 Year- 2013 Thana -NARHAT District- NAWADA ====================================================== Nawal Singh son of Late Bachchu Singh, resident of village- Sinduari, P.S.- Narhat, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Anjani Prasad Singh, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Narhat P.S. Case No.50 of 2013 registered under Sections 328 and 302/34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that there is no truth behind the allegations made in the FIR. The petitioner tried his level best to save the life of the victim, but unfortunately he died in course of treatment. On the other hand, learned counsel for the State has opposed the application for grant of bail to the petitioner. He has submitted that it is a gross case in which the FIR is based on the statement given by the victim to his father. The victim had stated

Patna High Court Cr.Misc. No.21753 of 2016 (2) dt.20-05-2016 2/2 that the petitioner and others had administered milk mixed with poison as a result of which he fallen sick. He has further submitted that the viscera report of the deceased would indicate that the cause of death of the son of the informant was due to poisoning as aluminium phosphide was detected in the fluid sent for viscera test.

I have heard the parties and perused the materials on record.

Regard being had to the serious nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected.

At this stage, it has been submitted by the learned counsel for the petitioner that since the charges have already been framed, the trial may be expedited.

The trial court is hereby directed to hold the trial of the case expeditiously and dispose it of as early as possible. (Ashwani Kumar Singh, J) Md.S./- U T