Patna High CourtCR. MISC./18084/2017dismissed

Indal Musahar v. The State Of Bihar

2017-06-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18084 of 2017 Arising Out of PS.Case No. -153 Year- 2013 Thana -AGIAUN District- BHOJPUR ====================================================== Indal Musahar S/o Late Nanhak Musahar Resident of Vill- Bahadur Pur, P.S. Agion(G), Distt- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 246 of 2015, arising out of Agion (G) P.S.Case No. 153 of 2013, registered for the offences punishable under Section 302 of the Indian Penal Code.

Allegation against the petitioner is of assault by lathi causing death of the deceased.

It has been submitted on behalf of the petitioner that the deceased was an old person and there is no repetition of blow. However, deceased succumbed to the injuries but petitioner has no intention to kill him. It has also been submitted that trial has already commenced but no witness has been examined. Heard learned APP, who has opposed the prayer for

Patna High Court Cr.Misc. No.18084 of 2017 (4) dt.20-06-2017 2/2 bail in view of direct allegation against the petitioner. Having heard both sides and considering the direct allegation against the petitioner, I am not inclined to grant him bail.

However, as it is submitted that trial has commenced, learned trial court is directed to conclude the trial of the petitioner within a period of nine months and at the same time the Superintendent of Police, Bhojpur, Ara is also directed to ensure the presence of the witnesses in court on the date fixed so that trial may be concluded within the said period.

With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U