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Patna High CourtCR. MISC./3781/2017dismissed

Moti Lal Singh v. The State Of Bihar

2017-07-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3781 of 2017 Arising Out of PS.Case No. -228 Year- 2013 Thana -KATEYA District- GOPALGANJ ====================================================== Moti Lal Singh S/o Mangal Singh, R/o-Village- Niyamat Guriyaw. P.S.- Kateya, District-Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Informant : Mr. Harendra Prasad For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kateya P.S.Case No. 228 of 2013, G.R.No. 3991 of 2013, registered for the offences punishable under Sections 147, 148, 149, 341, 302 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioner and other accused persons is of causing death to the deceased and further allegation against the petitioner is that he stabbed the deceased inside the loaded bus.

It has been submitted on behalf of the petitioner that driver and conductor of the bus have examined, who have not stated about the presence of the informant and other witnesses at the time of occurrence and they have come after three hours of

Patna High Court Cr.Misc. No.3781 of 2017 (5) dt.13-07-2017 2/2 occurrence, which will appear from paragraph-29 of the case diary.

Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail stating that post mortem report shows stabbing injury on the person of the deceased.

Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, the court below is directed to expedite commitment of the case and thereafter trial court is directed to expedite the trial and try to conclude it as soon as possible as the petitioner is in custody since 30.7.2016.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U