Patna High CourtCR. MISC./56966/2017dismissed

Arun Keshari @ Bhuwar Keshari v. The State Of Bihar

2018-01-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56966 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== Arun Keshari @ Bhuwar Keshari, Son of Brij Kishor Keshari, Resident of Village - Gausganj, P.S. Ara Nagar, District Bhojpur. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2018 Earlier the application for grant of bail of the petitioner being Cr.Misc.No. 41320 of 2017 was disposed of by this Court vide order dated 7.9.2017 with a direction to the court below to verify from the case diary as to whether the eye-witnesses, namely, Suman Kumar and Manish Kumar as well as the wife of the deceased and other witnesses have not named this petitioner as assailant and if it is found true, he shall release him on bail to his own satisfaction. However, it appears that prayer for bail of the petitioner has been rejected by the court below on the ground that some of the witnesses in paragraphs 20, 36 and 37 of the case diary have named this petitioner also and though in paragraphs 35 and 38 petitioner has not been named by the injured as well as wife of the injured.

Patna High Court Cr.Misc. No.56966 of 2017 (3) dt.03-01-2018 2/2 Submission of learned counsel for the petitioner is that the injured and wife of the injured are competent witnesses and they have not named this petitioner and there is general allegation against him and he is in custody since 12.3.2017. Heard learned APP and learned counsel for the informant also, who have opposed the prayer for bail stating that three witnesses have named this petitioner as one of the assailants. In the facts and circumstances, I am not inclined to grant bail to the petitioner.

However, since the petitioner is in custody for last nine months, learned trial court is directed to expedite the trial of the petitioner.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U