Patna High CourtCR. MISC./4937/2018dismissed

Randhir Kumar v. The State Of Bihar

2018-02-02Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4937 of 2018 Arising Out of PS.Case No. -67 Year- 2016 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Randhir Kumar, S/o Raja Ram Singh, R/o Village- Dhewhi, P.S.- Daudnagar, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachhan Jee Ojha, Adv. For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Daudnagar P.S. Case No.67 of 2016, registered for offences alleged under Sections 302/201 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that in fact the informant has now taken a plea that the officer in-charge of the police station had got signature of the informant on a plain paper and recorded the statement and he is not aware about the contents of the F.I.R. His submission is that because of this statement of the informant the whole allegation made in the FIR appears to be false and concocted.

Patna High Court Cr.Misc. No.4937 of 2018 (2) dt.02-02-2018 On the other hand, learned APP for the State submits that in the fardbeyan, giving rise to the present case, it is specifically stated that this petitioner had fired from his country made carbine and that shot fired by him proved fatal because of that mother of the informant died.

At this stage, learned counsel for the petitioner submits that in fact the trial is going on and five witnesses have already been examined.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner.

Let the trial be expedited at the earliest preferably within a period of six months. The public prosecutor shall take all endeavours to produce witnesses on the date fixed in the trial. The application stands dismissed.

(Rajeev Ranjan Prasad, J) Arvind/- U T