Patna High CourtCR. MISC./9271/2017dismissed

Pradip Chera @ Pardeep Chero @ Nepali v. The State Of Bihar

2017-04-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9271 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -ROHTAS District- SASARAM (ROHTAS) ======================================================

1. Pradip Chera @ Pardeep Chero @ Nepali, S/o Sri Ganga Chero, resident of Village- Bhawanwa, P.S.- Rohtas, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Pd. Singh For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-04-2017 Heard the parties.

This application is for grant of regular bail in connection with S.Tr. No.7 of 2017 arising out of Rohtas P.S.Case No.149 of 2016, for the offences under Sections 302 & 504 of the Indian Penal Code.

Petitioner is named in the F.I.R. and there is allegation against the petitioner that he shot the deceased. It is submitted on behalf of the petitioner that the F.I.R. only shows that the informant is not eye witness of the occurrence and on 'hulla', he along with other witnesses reached there. It is also submitted that though it is alleged that the petitioner was arrested at the spot but he was produced on the next day, as such there is delay in lodging of F.I.R., which will falsify the whole case. The

Patna High Court Cr.Misc. No.9271 of 2017 (3) dt.27-04-2017 2/2 petitioner is in custody for about eight months. Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view direct allegation against the petitioner, I am not inclined to grant bail to the petitioner, however, it appears from perusal of the record that the case has been committed to the court of session, as such the learned trial court is directed to expedite the trial of the petitioner and try to conclude it within a period of nine months. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U