Paltu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36581 of 2014 Arising Out of PS.Case No. -296 Year- 2013 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Paltu Singh S/o Ganesh Singh resident of village- Hario, P.S.- Bihpur, District- Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dewendra Narayan Singh For the Opposite Party : Mr. Sadanand Paswan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2015 Petitioner is languishing in custody since 04.01.2014 in a case registered for the offences punishable under Sections 307, 302/34 of the I.P.C and Section 27 of the Arms Act.

It is alleged that son of the informant put his motorcycle at the sitting place of Binay Singh. In the meantime, Deo Kishore Singh, Manoj Singh and the petitioner came who are friends of the son of the informant. Subsequently the informant while proceeding towards her house heard gunshot firing rushed to the place and found her son in a pool of blood when her sister-in-law suggested that firing was made by Deo Kishore Singh @ Dabbu, Manoj Singh and this petitioner. It is submitted by learned counsel for the petitioner that admittedly the informant is not the eye witness to the occurrence and from the statement of Lalita Devi it appears that she was also not present on the place of

Patna High Court Cr.Misc. No.36581 of 2014 (3) dt.05-02-2015 2/2 occurrence and except Lalita Devi none have seen the occurrence.

Considering the fact that informant has suggested in the F.I.R that Lalita Devi conveyed her about firing being done by the petitioner and two others, this Court is not inclined to grant bail to the petitioner at present. However, if the trial will not conclude within a period of one year then the petitioner will be at liberty to renew his prayer for bail. Accordingly the application is dismissed in connection with Bihpur P.S. Case No. 296 of 2013, pending in the Court of learned Chief Judicial Magistrate, Nawgachhiya, Bhagalpur.

(Dinesh Kumar Singh, J) Shageer/- U T