← Library
Patna High CourtCR. MISC./47806/2014dismissed

Narad Mukhiya v. The State Of Bihar

2015-04-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47806 of 2014 Arising Out of PS.Case No. -282 Year- 2013 Thana -BAIRIYA District- WEST CHAMPARAN (BETTIAH) ====================================================== Narad Mukhiya Son of Chokat Mikhiya resident of village- Balua Rampurwa, P.S.- Bairiya, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Prem Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-04-2015 Heard both sides.

The petitioner seeks bail in Bairiya P.S. Case No. 282 of 2013 under Sections 302/34 of the Indian Penal Code. The informant alleged that he woke up on hearing the sound of throttling and saw the petitioner and other three persons fleeing away. The brother of the informant was dead. It is submitted that the informant did not see any arms in the hands of the petitioner. The police found the case true only against the petitioner and Nawal Kishore Chaudhary. Accusations against two other persons were found false.

Having considered the facts that the petitioner was found fleeing away from the place of occurrence and seven incise wounds were found on different parts of the dead body of the deceased brother of the informant, I am not inclined to enlarge the

Patna High Court Cr.Misc. No.47806 of 2014 (3) dt.20-04-2015 2/2 petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt of this order.

(Prabhat Kumar Jha, J) Dilip/- U T