Vivek Pandey v. The State Of Bihar

Patna High Court Cr.Misc. No.331 of 2015 (3) dt.09-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.331 of 2015 Arising Out of PS.Case No. -33 Year- 2014 Thana -SANDESH District- BHOJPUR ====================================================== Vivek Pandey Son of Late Gupteshwar Pandey Resident of VillagePathkhauliya,P.S-Sandesh,District-Bhojpur at Ara .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 09-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Section 302/34 of the Indian Penal Code.

The allegation against the petitioner is to have cut the throat of the deceased, father of the informant, while three other persons have intercepted him. Learned counsel for the petitioner submits that the deceased might have been killed by some extremists and petitioner has been falsely implicated in this case due to previous enmity. The petitioner has no criminal antecedent.

Learned counsel for the State submits that there is specific allegation against the petitioner to have killed the deceased by sharp cutting weapon. The post mortem report also shows that the deceased has been killed in the manner as stated by the informant and other witnesses. After investigation chargesheet has already been

Patna High Court Cr.Misc. No.331 of 2015 (3) dt.09-03-2015 submitted finding the case true.

Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail. The prayer for bail is rejected.

Let the trial of the petitioner in Sandesh P. S. Case no. 33 of 2014 be expedited.

(Amaresh Kumar Lal, J) sudip/- U T