Patna High CourtCR. MISC./3492/2017rejected

Ram Babu Sah v. The State Of Bihar

2017-04-26Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3492 of 2017 Arising Out of PS.Case No. -55 Year- 2013 Thana -ANDHRAMATH District- MADHUBANI ====================================================== Ram Babu Sah, S/o Dashrath Sah, R/o Village- Hariraha, P.S.- Andharamath, District- Madhubani.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Andharamath P.S. Case No. 55 of 2013, registered under Sections 302 and 120-B of the Indian Penal Code and Section 27 of Arms Act, pending in the Court of Judicial Magistrate 1st, Jhanjharpur. Admittedly, the prayer for bail of the petitioner has been refused by this Court on 21.12.2015 passed in Criminal Miscellaneous No. 51410 of 2015 taking into consideration that there is direct allegation against the petitioner, who shot fire at the deceased, daughter of the informant, who died on the spot. Learned counsel appearing on behalf of the petitioner submits that petitioner is in custody since 19.07.2014, but uptill now, the charge has not been framed against him.

Patna High Court Cr.Misc. No.3492 of 2017 (4) dt.26-04-2017 2/2 A report has been received vide letter No. 44 of 2017, dated 24.03.2017 from the Court of Addl. District and Sessions Judge-VI, Madhubani, which shows that after commitment, the case of the petitioner, which is numbered as S.T. No. 98 of 2017, has been received in his Court on transfer from the Court of Sessions Judge, Madhubani on 21.03.2017 and next date has been fixed on 11.04.2017 for appearance of the accused.

Having considered the facts and circumstances of the case, I am not inclined to reconsider the bail prayer of the petitioner. Accordingly, the prayer of the petitioner for grant of bail is again rejected. However, the learned Court below is directed to take all effective stapes to conclude the trial of the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T