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Patna High CourtCR. MISC./11270/2017rejected

Kailu Yadav v. The State Of Bihar

2017-04-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11270 of 2017 Arising Out of PS.Case No. -410 Year- 2016 Thana -BIHPUR District- BHAGALPUR ====================================================== Kailu Yadav, Son of Shambhu Yadav, Resident of Village- Auliabad, Police Station- Bihpur (Jhandapur), District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code. Allegation in the FIR against the petitioner and others is that they dragged to the father of the informant who had field side and caused fire arm injury. The doctor has found fire arm injury at the head and chest of the deceased. However, allegation is not specific as to who had caused those injuries. Since the overt act has been alleged against the petitioner in the occurrence of the murder, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail in connection with Bihpur (Jhandapur) P.S. Case No.410 of 2016

Patna High Court Cr.Misc. No.11270 of 2017 (3) dt.24-04-2017 pending in the court of learned A.C.J.M.-1st, Naugachia, DistrictBhagalpur is refused. The learned court below is directed to expedite the trial and conclude the same preferably within nine months from the date of receipt of this order.

Arvind/- (Birendra Kumar, J) U T