Patna High CourtCR. MISC./38204/2017dismissed

Raushan Kumar @ Chirkoot v. The State Of Bihar

2017-10-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38204 of 2017 Arising Out of PS.Case No. -328 Year- 2013 Thana -NAWADA District- NAWADA ====================================================== Raushan Kumar @ Chirkoot, son of Sudhir Kumar, resident of village Jamuawan, P.S. Kashichak (Shahpur O.P.), District Nawada .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Nawada Town P.S.Case No. 328 of 2013 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code. Petitioner is not named in the FIR and later on his name transpires during course of investigation in which voter's card of the informant has been recovered from his possession and he has been made accused in five other cases.

Submission of learned counsel for the petitioner is that he has been remanded in this case on 9.5.2017 and in other cases he is on bail except the present one. Further submission is that in the case in which voter's card has been recovered, three witnesses have been examined.

Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.38204 of 2017 (4) dt.09-10-2017 2/2 bail on the ground of recovery and criminal antecedents against the petitioner.

Having heard both sides and in the facts and circumstances of the case, I am not inclined to grant bail to the petitioner.

However, as the petitioner is in custody and trial of other co-accused is going on, learned trial court is directed to expedite the trial of the petitioner and try to conclude it within a period of nine months.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U