Shishupal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12154 of 2019 Arising Out of PS. Case No.-788 Year-2017 Thana- HILSA District- Nalanda ====================================================== SHISHUPAL KUMAR, Son of Arun Kumar, Resident of Village - Pendapur, P.S.- Hilsa, Distt.- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Hilsa P.S. Case No.788 of 2017 instituted for the offence under Section(s) 447, 323, 325, 302/34 Indian Penal Code pending in the Court of the Additional Sessions Judge, 1st, Hilsa, Nalanda. It is alleged in the written report that on the order of Rita Devi, her husband, Arun Kumar, assaulted Shivji Prasad on his waist with lathi on account of which he fell down after sustaining fracture injury. Thereafter, this petitioner assaulted Shivji Prasad on his head. Brother of the informant became unconscious. Thereafter, this petitioner sat on the chest and pressed the same. The injured was taken to Hilsa Hospital from where he was referred to PMCH where he died.

Patna High Court CR. MISC. No.12154 of 2019(4) dt.02-08-2019 2/2 Case diary has been received.

Learned APP has submitted that the postmortem report supports the allegation against the petitioner. Report with regard to present stage of the case has been received from the Court below from which it appears that two witnesses have already been examined in the case. Keeping in view the direct allegation against the petitioner, this Court is not inclined to enlarge him on bail. Prayer of the petitioner for grant of bail is rejected at this stage.

The trial Court is directed to expedite the trial and make all efforts to conclude the same as early as possible, preferably, within a period of nine months from the date of receipt of a copy of this order.

Liberty is given to the petitioner to renew his prayer for bail after nine months, if no substantive progress is made in the trial.

(Sanjay Priya, J) J. Alam/- U T