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Patna High CourtCR. MISC./46175/2018dismissed

Raj Babu Singh v. The State Of Bihar

2018-09-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46175 of 2018 Arising Out of PS.Case No. -39 Year- 2018 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Raj Babu Singh Son of Indradev Singh @ Indradev Mahto, resident of Village- Dhabauli, P.S.- Muffasil (Lakho), District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ansul For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Begusarai Muffasil (Lakho O.P.) P.S.Case No. 39 of 2018 registered for the offences punishable under Sections 302, 384/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of firing on the informant but that hit a boy, causing his death. Submission of learned counsel for the petitioner is that occurrence took place during idol emersion procession and in such a crowd it was not possible to see as to who has fired and secondly on the ground that informant is not father of the deceased boy, rather son of a distant relative, who has inimical term with the petitioner.

Patna High Court Cr.Misc. No.46175 of 2018 (2) dt.13-09-2018 2/2 Heard learned APP also, who has opposed the prayer for bail stating that there is allegation of demand also and for that firing was made.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

However, since the petitioner is in custody for about seven and a half months, learned trial court is directed to expedite the trial.

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