Jawahir Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58147 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jawahir Prasad Gupta Son of Harmun Gupta Resident of Village - Khalawapatti, P.S. Dhanaha, District West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anshu Dhar Sharma, Adv. For the Opposite Party/s : Mr. Sri Madan Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-01-2018 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 302/34 of the Indian Penal Code.

The FIR would reveal that the petitioner is the assailant who caused injury at the head of the deceased. The postmortem report supports the prosecution allegation. Petitioner is in custody since 01.08.2017.

Learned counsel for the petitioner submits that there is no allegation of repetition of blow. Hence, intention cannot be levelled against the petitioner.

Learned counsel for the informant as well as the

Patna High Court Cr.Misc. No.58147 of 2017 (3) dt.11-01-2018 State opposed the prayer for bail.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail. Hence, prayer for bail is refused. The learned Trial Court is directed to expedite the trial and conclude the same preferably within a period of nine months from the date of receipt/production of a copy of this order. Accordingly, the application is rejected in connection with Dhanaha P.S.Case No.138 of 2017 pending before the court of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran.

(Birendra Kumar, J) Nitesh/- U T