Bulu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.40794 of 2015 (3) dt.30-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40794 of 2015 Arising Out of PS.Case No. -163 Year- 1999 Thana -AMARPUR District- BANKA ====================================================== Bulu Singh Son of Manikant Singh Resident of Village - Kothiya, P.S. - Amarpur, District - Banka.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Y.B.Giri, Senior Advocate. For the Opposite Party : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 13.03.2015 in a case instituted under Sections 147, 148, 149, 324, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act in connection with Amarpur P.S.Case No.163 of 1999 pending in the Court of CJM, Banka.

As per prosecution case, it is a case of murder of informant's son, namely, Mritunjay Singh who is aged about 24 years due to land dispute by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.03.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal

Patna High Court Cr.Misc. No.40794 of 2015 (3) dt.30-10-2015 antecedent. There is an admitted land dispute between the parties and for the said reason, the petitioner has falsely been implicated in the present case. As per the FIR, there are three eye witnesses to the occurrence, out of which two have not supported the allegations made in the FIR as an eye witness. On behalf of the State, it has been submitted that the petitioner is named in the FIR and he is the main assailant of the deceased causing fire arm injuries on the head of the deceased which turned out to be fatal and the deceased succumbed to the said injuries.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the above named petitioner, same is dismissed.

Anyhow, the trial court is directed to take all necessary steps to expedite the trial preferably within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) B.Kr./- U T