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Patna High CourtCR. MISC./3589/2017rejected

Congress Sah v. The State Of Bihar

2017-02-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3589 of 2017 Arising Out of PS.Case No. -264 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Congress Sah Son of Daroga Sah Resident of Village- Chandana, Police Station- Morhowrah, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody in connection with Morhowrah P.S. Case No. 264 of 2016 for the offence punishable under Section 302/34 of the Indian Penal Code, pending in the Court of Additional Chief Judicial Magistrate-II, Saran at Chapra.

According to F.I.R. for land dispute the petitioner assaulted with axe causing injury at the head of the father of the informant, who died on the way while being carried to the hospital.

The post mortem report is consistent with the prosecution allegation. Petitioner is in custody since 15.09.2016.

Patna High Court Cr.Misc. No.3589 of 2017 (2) dt.21-02-2017 2/2 Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. The bail prayer of the petitioner is refused. The learned trial Court is directed to expedite the trial and conclude the same preferably within nine months from the date of receipt/production of a copy of this order.

(Birendra Kumar, J) Mkr./- U T