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Patna High CourtCR. MISC./14477/2018rejected

Manohar Singh v. The State Of Bihar

2018-04-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14477 of 2018 Arising Out of PS. Case No.-109 Year-2017 Thana- TANKUPPA District- Gaya ====================================================== Manohar Singh, Son of Janardhan Singh, resident of Village- Manikpur, Police Station- Tankuppa, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and the State.

This is an application for regular bail in connection with Tankuppa Police Station Case No. 109 of 2017 registered for the offences punishable under Sections 307 and 302 r/w 34 of the Indian Penal Code.

Prosecution case is that Prema Devi, Kailash Yadav and Bedamia Devi went to paddy field for irrigation. Petitioner along with others asked them to stop irrigation. When they did not pay heed, the accused persons fired from pistol and as a result Kailash Yadav succumbed to his injury. It is submitted on behalf of the petitioner that there is case and counter case between the parties. FIR has also been lodged from the side of the petitioner. Both sides have

Patna High Court Cr.Misc. No.14477 of 2018(3) dt.06-04-2018 2/2 received injuries. The witnesses have not supported the prosecution case.

Learned counsel for the State has vehemently opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner, same is rejected.

However, the trial court i.e. ADJ VIII, Gaya, is directed to conclude the trial of petitioner in connection with Tankuppa P.S. Case No. 109 of 2017 within a period of six months.

(S. Kumar, J) sudip/- U T