Bikash Kumar @ Bikash Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30499 of 2018 Arising Out of PS. Case No.-185 Year-2016 Thana- PARWATTA District- Khagaria ====================================================== Bikash Kumar @ Bikash Sahni S/o Fuldeo Sahni, R/o Vill.- Kulhariya, P.S.- Parbatta, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Yadav For the Opposite Party/s :
Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner had earlier moved this Court for grant of bail, which was rejected vide order dated 12.10.2017, passed in Cr. Misc. No. 41727 of 2017.
Petitioner is languishing in judicial custody since 16.06.2017 in connection with S.C. No. 389/16/ 290/17, arising out of Parbatta P.S. Case No. 185 of 2016 for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as lodged by the informant, is that while she along with her husband Sudhir Sahni (deceased) was coming home, five persons including the petitioner surrounded them and the petitioner is alleged to have fired on
Patna High Court Cr.Misc. No.30499 of 2018(3) dt.18-07-2018 2/3 the temporal region and another accused Rabin Sahani thereafter fired on his head. They tried to drag the body but the villagers and house people came and petitioner along with other accused persons fled away in two motorcycles. The cause of dispute is that the petitioner had taken Rs. 17,000/- from the husband of the informant and on his demand the occurrence took place. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that one of the co-accused Rabin Sahani, who had also fired on the head of the informant's husband, has since been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 52188 of 2016 vide order dated 10.
01.2017 and petitioner is languishing in custody for more than a year. Petitioner undertakes to cooperate in the trial on day-to-day basis. However, learned APP for the State vehemently opposes the prayer for bail stating therein that as per postmortem report there is only one injury entry and exit in front of the left year, hence, allegation upon the petitioner is that it is he who first hit the informant's husband.
Patna High Court Cr.Misc. No.30499 of 2018(3) dt.18-07-2018 3/3 report dated 03.07.2018 stating therein that the matter is pending for evidence of doctor and the Investigating Officer. Considering the facts and circumstances and the materials on record, I am not inclined to grant the privilege of bail to the petitioner at this stage.
Application is, accordingly, rejected. However, the court below is directed to expedite the trial and conclude the same within a period of three months. Petitioner is at liberty to renew his prayer after three months if the trial is not concluded by that time.
(Nilu Agrawal, J) Rajesh/- U T