Patna High CourtCR. MISC./6568/2017dismissed

Raj Kumar Mahto v. The State Of Bihar

2017-05-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6568 of 2017 Arising Out of PS.Case No. -459 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Raj Kumar Mahto, Son of Late Sukdeo Mahto, Resident of Village- Ojha Mathiya, P.S. Manjhaulia, District- West Champaran at Bettiah. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Manjhaulia P.S.Case No. 459 of 2015 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 and 302 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is of assault to the deceased.

It has been submitted on behalf of the petitioner that there is no specific allegation attributed against the petitioner and he is in custody since 13.8.2016.

Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail stating that seven injuries were found on the person of the deceased and

Patna High Court Cr.Misc. No.6568 of 2017 (4) dt.18-05-2017 2/2 prayer for bail of co-accused persons has already been rejected by this Court in Cr.Misc.No. 2309 of 2017 and Cr.Misc.No. 49892 of 2016 and, as such, petitioner does not deserve bail. Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.

However, considering the fact that petitioner is in custody for about nine months, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same within a period of six months from the date of receipt/production of a copy of this order and at the same time, the Superintendent of Police, West Champaran, Bettiah is directed to ensure that the witnesses are present in court on the date fixed so that the trial could be concluded within the stipulated period. This application is dismissed with the above observations.

(Vinod Kumar Sinha, J) spal/- U