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Patna High CourtCR. MISC./29275/2017dismissed

Rajesh Kumar v. The State Of Bihar

2017-07-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29275 of 2017 Arising Out of PS.Case No. -187 Year- 2015 Thana -SAHPUR District- PATNA ====================================================== Rajesh Kumar, son of Daroga Rai resident of Village - Nurpur, Chandmari, Police Station - Shahpur, District - Patna.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 413 of 2016, arising out of Shahpur P.S.Case No. 187 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307, 504 and 302 of the Indian Penal Code.

Allegation against the petitioner is of stabbing the deceased causing his death.

It has been submitted on behalf of the petitioner that FIR itself shows that informant is not the eye-witness to the occurrence and he has stated so during his evidence in court and petitioner is in custody since 12.11.2015.

Heard learned APP also, who has opposed the prayer

Patna High Court Cr.Misc. No.29275 of 2017 (3) dt.24-07-2017 2/2 for bail.

Having heard both sides and considering the aforesaid facts of the case, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, learned trial court is directed to expedite the trial by conducting it on day to day basis so that the same be concluded within six months as the petitioner is in custody since long and at the same time, the Sr.Superintendent of Police, Patna is directed to ensure the presence of the witnesses in court on the date fixed.

Accordingly, with the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U