Patna High CourtCR. MISC./33509/2017dismissed

Komal Paswan v. The State Of Bihar

2017-08-02Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.33509 of 2017 (3) dt.02-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33509 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -SARE District- NALANDA (BIHARSHARIFF) ======================================================

1. Komal Paswan, Son of Ram Swaroop Paswan, Resident of villageJangipur, Police Station- Sare District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Prasad Singh For the Opposite Party/s : Mr. Sri Khurshid Anwar For the informant : Mr. Md. Salahuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The petitioner seeks regular bail in connection with Sare P.S. Case No. 73 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 307 and 506 of the Indian Penal Code.

Allegation against the petitioner is of firing on the brother of the informant causing serious injury to him. At the very outset, learned counsel for the petitioner has submitted that petitioner is accused in three other cases but due to communication gap, this fact could not be mentioned in the bail petition. It has also been submitted on behalf of the petitioner that there is case and counter case between the parties and petitioner has also received serious injury. Further petitioner has no criminal antecedent and has been in judicial custody for last four months.

Patna High Court Cr.Misc. No.33509 of 2017 (3) dt.02-08-2017 Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail on the ground that there is direct allegation against the petitioner of firing on the brother of informant due to which he has received grievous injury and is still under treatment.

Having heard both sides, considering the fact and circumstances of the case and nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude it within a period of nine months. (Vinod Kumar Sinha, J) sunil/- U