Nilesh Kumar @ Khakhanu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21460 of 2017 Arising Out of PS.Case No. -232 Year- 2016 Thana -DUMRAUN District- BUXAR ======================================================

1. Nilesh Kumar @ Khakhanu Son of Shivjee Rai, Resident of VillageChilhari, P.S. Dumraon (Naya Bhojpur), District Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyapal Singh, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody in connection with Dumraon (Naya Bhojpur) P.S. Case No. 232 of 2016 for the offences punishable under Sections 147/148/149/307/302 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is that he shot fire-arm causing injury to deceased Mritunjay Kumar. Submission of the petitioner is that there is bonafide land dispute as the petitioner's side is purchaser of the same land from the real owner and civil suit is going on for the same. Moreover, The I.O. has not found any sign of ploughing etc. at the alleged place of occurrence. Petitioner is in custody

Patna High Court Cr.Misc. No.21460 of 2017 (3) dt.20-06-2017 2/2 since 02.09.2016. Charges have already been framed in the case. Considering the fact that the petitioner is main assailant, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is refused. If the trial is not concluded within nine months from the date of receipt of a copy of this order, the petitioner may renew the prayer for bail before the learned trial Court itself.

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