Bhola Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29909 of 2016 Arising Out of PS.Case No. -94 Year- 2015 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Bhola Sah, Son of Radha Sah, Resident of village- Pathkhauli, P.O. + P.S.- Bairiya, District- West Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Suresh Prasad Sharma, Advocate For the Opposite Party : Mr. Sri Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

Petitioner seeks bail in connection with Bairiya P.S. case no. 94/2015 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 354, 504, 302 of the Indian Penal Code and Section 3 /4 of the Witch Craft Prevention Act. Petitioner wants to renew his prayer for bail which was earlier rejected by order dated 01.12.2015 passed in Cr. Misc. no. 36333 of 2015 on the ground that the petitioner is in custody since 08.04.2015 and medical evidence does not corroborate the prosecution version as no sharp cutting injury has been found on the person of the deceased to which the learned A.P.P. opposes by submitting that the petitioner gave farsa blow

Patna High Court Cr.Misc. No.29909 of 2016 (2) dt.27-07-2016 2/2 on the head of the father of the informant causing his death. In the facts and circumstances stated above, at this stage I am not inclined to grant the privilege of bail to the petitioner and accordingly, his such prayer stands rejected. However, let the trial be expedited and concluded as early as possible, preferably within six months from the date of receipt/ production of a copy of this order failing which the petitioner, if at no fault, may renew his prayer for bail. (Jitendra Mohan Sharma, J.) rinkee/- U T