Patna High CourtCR. MISC./12883/2019rejected

Kaushal Singh v. The State Of Bihar

2019-05-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12883 of 2019 Arising Out of PS. Case No.-27 Year-2017 Thana- AKBARPUR District- Nawada ====================================================== KAUSHAL SINGH, Son of Ravindra Singh, R/o Village - Gangta, P.S - Akbarpur, Distt. - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Amresh Kumar Sinha, Advocate Ms. Preety Kunwar, Advocate For the Informant :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 307, 302, 504 of the Indian Penal Code and Section 27 of the Arms Act.

According to FIR, the petitioner is main assailant of the uncle of the informant. Informant is eyewitness of the occurrence.

Submission of learned counsel for the petitioner is that the witnesses, named in the FIR, have stated before the police that the informant disclosed to them that in fact, co-accused Lokesh Singh had caused firearm injury and death of the uncle. Learned counsel for the informant submits that those

Patna High Court CR. MISC. No.12883 of 2019(3) dt.09-05-2019 2/2 witnesses have filed affidavit before the court that the police had distorted their statement.

Petitioner is in custody since 12.09.2018.

The allegation is corroborated by medical evidence, hence, I am not inclined to enlarge the petitioner on bail in connection with Akbarpur Police Station Case No. 27 of 2017 pending in the court of learned 1st Additional Chief Judicial Magistrate, Nawada.

Hence, prayer for bail is refused.

Learned trial court is directed to expedite the trial. (Birendra Kumar, J) Kundan/- U T