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Patna High CourtCR. MISC./53249/2017rejected

Raman Singh v. The State Of Bihar

2017-12-14Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53249 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -BRAHMPUR District- BUXAR ====================================================== Raman Singh S/o Kamta Singh, R/o Village- Rahathlla, P.S.- Brahmpur, District- Buxar. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Brahmpur P.S. Case No. 52 of 2017 registered under Section 302/34 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have resorted firing on the chest of the informant which proved fatal.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. He did not fire upon the deceased rather someone else fired upon him. He has no criminal antecedent. The petitioner has been languishing in custody since 12.06.2017.

On the other hand, learned APP appearing for the

Patna High Court Cr.Misc. No.53249 of 2017 (03) dt.14-12-2017 - 2 - State has submitted that there is direct allegation against the petitioner of resorting firing on the chest of the deceased which resulted into his death. Witnesses and postmortem report also corroborates the occurrence.

In the facts and circumstances of the case, the prayer for bail of the petitioner is rejected. However, the learned lower court is directed to conclude the trial as expeditiously as possible preferably within nine months from the date of commitment of the case.

(Prakash Chandra Jaiswal, J) Trivedi/- U T