Patna High CourtCR. MISC./8539/2018rejected

Kundan Raut v. The State Of Bihar

2018-03-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8539 of 2018 Arising Out of PS.Case No. -568 Year- 2016 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kundan Raut S/o Sugriv Raut, R/o Mohalla- Jagjiwan Nagar Ward No. 27, P.S.- Bettiah Town, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anand Kishore Choudhary, Adv. For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta,APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2018 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 341, 323, 324, 307, 302, 504/34 of the Indian Penal Code.

According to FIR, the petitioner gave dagger blow at the chest of the husband of the informant, as a result whereof, he died.

Submission of the learned counsel for the petitioner is that the petitioner is in custody since 16.05.2017. No other witness has supported the allegation as eye witness of the occurrence. Moreover, the informant does not appear to be an eye witness of the occurrence for the reason that the Doctor has found injury in the lower

Patna High Court Cr.Misc. No.8539 of 2018 (3) dt.23-03-2018 region of the abdomen. He further submits that co-accused Chandan Raut against whom allegation is that he had caught the deceased has already been granted bail by a Coordinate Bench of this Court in Cr.Misc. No. 57419 of 2017.

Considering the nature of allegation against the petitioner and the fact that the informant cannot be disbelieved at this stage, I am not inclined to enlarge him on bail in connection with Bettiah Town Police Station Case No. 568 of 2016 pending in the court of learned Chief Judicial Magistrate, Bettiah, West Champaran/successor court. Hence, prayer for bail is refused.

However, the learned trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order without giving any unnecessary adjournments to any of the parties.

(Birendra Kumar, J) Nitesh/- U T