Shrawan Kumar @ Sarwan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5567 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- MEHANDIGANJ District- Patna ====================================================== Shrawan Kumar @ Sarwan Kumar, son of Lal Babu Yadav, R/o MohallaRanipur Peepal Tal, P.S. - Mehandiganj, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyamal Prakash For the Opposite Party/s :
Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 307, 504/34, 302 of the Indian Penal Code and Section 27 of the Arms Act. The occurrence of abuse and assault was going on. In the meantime, the petitioner took pistol from Vicky Kumar and fired at Ajay Kumar as a result whereof Ajay Kumar died during course treatment.
Learned counsel for the petitioner submits that petitioner is in custody since 28.08.2018. The narration of the occurrence in the FIR would reveal that the petitioner was not intending to commit murder and whatever took place was at the spur of the moment.
Considering the direct allegation against the petitioner
Patna High Court CR. MISC. No.5567 of 2019(3) dt.22-04-2019 2/2 which is not result of any provocation, I am not inclined to enlarge the petitioner on bail for the present. Hence, his prayer for bail is refused in connection with Mehandiganj Police Station Case No. 69 of 2018 pending in the court of learned Sub-Divisional Judicial Magistrate, Patna City, Patna.
Learned Trial Court is directed to expedite the trial and conclude the same preferably within nine months from the date of receipt/production of a copy of this order. (Birendra Kumar, J) Rajan/Banti U T