Patna High CourtCR. MISC./51643/2014rejected

Feku Gupta v. The State Of Bihar

2015-03-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51643 of 2014 Arising Out of PS.Case No. -86 Year- 2013 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Feku Gupta son of Late Ghurbhari Gupta, Resident of village- Ulatahawa, Police Station- Bhitaha, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Thakaraha P.S.Case No.86 of 2013 registered for the offences punishable under sections 147, 148, 149, 341, 323, 324, 504, 307 and 302 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected earlier by this court on 16th May, 2014 in Cr. Misc. No.6868 of 2014. He has renewed his prayer for bail on the ground of delay in trial. It has been submitted that the petitioner is in custody since 3.6.2013 and till date there is no progress in the trial. Learned counsel for the State has opposed the prayer for

Patna High Court Cr.Misc. No.51643 of 2014 (5) dt.04-03-2015 2/2 bail. He has submitted that the petitioner is the sole assailant of the deceased. According to the prosecution case, the petitioner had given Farsa blow upon the head of the informant which proved fatal.

Regard being had to the facts and circumstances of the case, I see no reason to take a different view of the matter. Accordingly, the prayer for bail is rejected. Learned Ad hoc Additional Sessions Judge-1, Bagaha West Champaran is directed to proceed with the trial of the case expeditiously. In case some other accused persons are absconding, the case of the petitioner should be split up and his trial should be taken up on priority basis.

(Ashwani Kumar Singh, J) Md.S./- U T